A California quitclaim deed is a legal document used to transfer interest in real property from one party (the grantor) to another party (the grantee) without making any warranties about the quality or status of the title. This straightforward property transfer instrument conveys whatever interest the grantor has in the property - if any - without guaranteeing clear ownership or freedom from liens.
California quitclaim deeds are among the most commonly used real estate transfer documents in the state, particularly valued for their simplicity and efficiency in situations involving family transfers, trust administration, divorce settlements, and title corrections. Understanding how to properly complete, execute, and record a California quitclaim deed form is essential for anyone involved in property transactions throughout the Golden State.
Family Property Transfers:
Adding or removing a spouse from property title
Transferring real estate to children or grandchildren
Gifting property between family members
Estate planning and inheritance arrangements
Transfers between parents and adult children
Divorce and Legal Separation:
Transferring one spouse's interest to the other spouse
Implementing marital settlement agreements
Removing ex-spouse from title after divorce
Dividing community property
Trust Administration:
Transferring property into revocable living trusts
Moving real estate out of trusts
Facilitating trustee changes
Implementing trust terms and distributions
Title Corrections and Clarifications:
Fixing name misspellings on previous deeds
Correcting legal descriptions
Adding or removing middle names or suffixes
Clearing up title defects or clouds
Correcting vesting information
Estate Planning Strategies:
Adding children as joint tenants
Creating joint tenancy with rights of survivorship
Facilitating step-up in basis planning
Coordinating with overall estate plans
To create a valid quitclaim deed in California, you must comply with specific statutory requirements outlined in the California Civil Code.
1. Written Document: California law requires all real estate transfers to be in writing pursuant to the Statute of Frauds. Oral property transfer agreements are unenforceable.
2. Proper Legal Format: The deed must be formatted according to California Government Code Section 27361.6:
Margins: At least 1 inch on top, bottom, and left side; ½ inch on right side
Font size: At least 8-point type (10-point recommended)
Paper size: 8.5" x 11" or 8.5" x 14"
Recording information space: 3" x 3" blank space in upper right corner
3. Documentary Transfer Tax Declaration: California requires a preliminary change of ownership report (PCOR) and documentary transfer tax information on all recorded deeds.
4. Proper Parties:
Grantor: Current owner transferring the property (must be of legal age and competent)
Grantee: Person or entity receiving the property (clearly identified with full legal name and vesting choice)
5. Adequate Consideration: California requires "consideration" (something of value exchanged), which can be:
Monetary payment: Actual purchase price
Family transfer: "love and affection"
Nominal consideration: "$10 and other good and valuable consideration"
6. Complete Legal Description: The deed must include an accurate legal description, typically obtained from:
Previous deed
Preliminary title report
Property tax statement
County assessor's records
Title insurance policy
7. Granting Clause: Specific California language conveying the property, such as "grants to" or "remises, releases, and quitclaims to."
8. Property Address (APN): Must include the Assessor's Parcel Number (APN) and street address.
9. Signature Requirements:
Grantor must sign in the presence of a notary public
Grantee signature is NOT required in California
If property is community property, both spouses typically must sign
10. Notarization: The grantor's signature must be acknowledged before a California notary public using the proper acknowledgment form.
11. Recording: File with the county recorder's office in the county where the property is located.
Completing a quitclaim deed form correctly is crucial to ensure a valid transfer. Here's a comprehensive step-by-step guide:
Using a proper California quitclaim deed template that complies with all state recording requirements is essential. Generic forms downloaded from random websites may not include necessary California-specific elements or comply with formatting requirements.
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Leave the upper right corner (3" x 3") completely blank. This space is reserved for the county recorder's stamp showing:
Recording date and time
Document number
Recorder's file information
Fee information
Clearly label the document "QUITCLAIM DEED" at the top center of the page.
Complete the documentary transfer tax declaration:
Calculate the tax based on consideration paid
California documentary transfer tax: $1.10 per $1,000 of consideration (or equity transferred)
Some cities impose additional transfer taxes (San Francisco, Oakland, etc.)
Indicate if transfer is exempt and state the reason
Common Exemptions:
Transfers between spouses
Transfers to trusts for estate planning
Certain family transfers
Transfers for no consideration
Enter the complete legal name(s) of the current owner(s) exactly as they appear on the current deed:
Single Owner: "John Michael Anderson, an unmarried man"
Married Couple (Community Property): "Robert James Smith and Jennifer Marie Smith, husband and wife as community property"
Married Couple (Joint Tenants): "Michael Lee Brown and Sarah Ann Brown, husband and wife as joint tenants"
Multiple Owners: "David Williams, a single man, and Maria Garcia, a single woman, as tenants in common"
Include complete mailing addresses for all grantors.
Enter the complete legal name(s) of the person(s) receiving the property and specify exactly how they will hold title:
California Vesting Options:
Sole Ownership: "Emily Rose Martinez, a single woman"
Community Property (Married Couples Only): "Thomas Green and Lisa Green, husband and wife as community property"
Each spouse owns 50% undivided interest
Right of survivorship (property automatically passes to surviving spouse)
Special capital gains tax treatment
Community Property with Right of Survivorship: "James Davis and Patricia Davis, husband and wife as community property with right of survivorship"
Combines community property tax benefits with automatic survivorship
Most popular choice for married couples in California
Joint Tenancy: "Andrew Johnson and Michelle Johnson, as joint tenants with right of survivorship"
Equal ownership interests required
Automatic right of survivorship
Can be used by any parties (not just married couples)
Tenancy in Common: "Christopher Lee, a single man as to an undivided 75% interest, and Rebecca Taylor, a single woman as to an undivided 25% interest, as tenants in common"
Ownership shares can be unequal
No automatic right of survivorship
Each owner's share passes through their estate
Trust Vesting: "The Anderson Family Trust dated March 15, 2024, Robert Anderson and Mary Anderson, Trustees"
Include the amount paid or other consideration:
Arms-Length Sale: "For valuable consideration, receipt of which is hereby acknowledged, the sum of Three Hundred Fifty Thousand Dollars ($350,000.00)"
Family Transfer: "For valuable consideration, the sum of Ten Dollars ($10.00) and other good and valuable consideration"
Gift Transfer: "For love and affection and other good and valuable consideration"
California quitclaim deeds typically use language such as:
"does hereby remise, release, and forever quitclaim to [Grantee name]"
OR
"hereby grants to [Grantee name]"
Copy the legal description exactly from your current deed or preliminary title report. California legal descriptions typically include:
Lot and Block Format: "Lot 27, Block 5, Tract No. 12345, in the City of San Diego, County of San Diego, State of California, as per map recorded in Book 45, Pages 10 through 15 of Maps, in the Office of the County Recorder of said County"
Metes and Bounds: "That certain real property situated in the County of Los Angeles, State of California, described as follows: Beginning at a point on the Northerly line of Main Street..."
Government Description: "The West Half of the Southeast Quarter of Section 24, Township 5 North, Range 8 West, San Bernardino Base and Meridian, County of Riverside, State of California"
Critical: Even minor errors in the legal description can invalidate the deed or cause serious title problems.
Assessor's Parcel Number (APN): "APN: 123-456-789-000"
Property Address: "The real property described above is commonly known as: 1234 Sunset Boulevard, Los Angeles, California 90028"
Include all legally required disclosures and statements:
Exemption from Documentary Transfer Tax (if applicable): "This transfer is exempt from California documentary transfer tax pursuant to Revenue and Taxation Code Section _____"
Tax Computation: "Computed on full value of property conveyed, OR Computed on full value less liens and encumbrances remaining at time of sale"
The grantor(s) must sign and date the deed in the presence of a California notary public.
Signature Requirements:
Sign legal name as shown in grantor section
Date the signature
Sign in blue or black ink
Sign in notary's physical presence
The California notary must complete the proper acknowledgment certificate:
California All-Purpose Acknowledgment includes:
State and county where acknowledgment taken
Date of notarization
Grantor's name
Statement that grantor personally appeared
Statement of identification verification
Notary's signature and seal
Notary's commission expiration date
Optional: Notary's thumbprint in journal
Important: California has specific acknowledgment language required by Civil Code Section 1189. Using incorrect acknowledgment forms can cause recording rejection.
Many websites offer free California quitclaim deed PDF downloads. However, free templates often have significant limitations:
Risks of Free Downloads:
May not comply with current California recording requirements
Often lack proper formatting (margins, font size, spacing)
Missing required California-specific language and disclosures
No documentary transfer tax calculation guidance
Typically missing crucial instructions
No support for Preliminary Change of Ownership Report (PCOR)
Potential recording rejections costing time and fees
No professional support if questions arise
May not be updated for recent law changes
Professionally prepared California quitclaim deed forms provide comprehensive protection:
What's Included:
Current California statutory compliance
Proper formatting for all 58 California counties
All required disclosures and statements
Documentary transfer tax calculation worksheets
Detailed completion instructions
Preliminary Change of Ownership Report (PCOR) guidance
Recording requirements by county
Sample completed deeds for various situations
Vesting option explanations
Access to customer support
Updates for law changes
Download comprehensive California quitclaim deed forms: Get Professional Forms Here
While a properly executed quitclaim deed transfers ownership between parties upon signing, recording provides critical legal protection:
Legal Protections:
Establishes public notice of ownership change
Creates priority over later recorded interests
Protects against fraudulent subsequent transfers
Establishes chain of title documentation
Provides evidence in disputes
Satisfies lender requirements
Practical Benefits:
Proof of ownership for refinancing
Documentation for property tax purposes
Evidence for insurance claims
Clear title for future sales
Protection against claims by grantor's creditors
Record your quitclaim deed with the County Recorder's Office in the county where the property is physically located (not where you live if different).
Major California County Recorder Offices:
Los Angeles County Registrar-Recorder/County Clerk
San Diego County Clerk-Recorder
Orange County Clerk-Recorder
Riverside County Clerk-Recorder
San Bernardino County Recorder-Clerk
Santa Clara County Clerk-Recorder
Alameda County Clerk-Recorder's Office
Sacramento County Clerk/Recorder
Contra Costa County Clerk-Recorder
Fresno County Clerk/Registrar of Voters
Recording fees vary by county but generally include:
Base Recording Fees (2025):
First page: $15-$30
Each additional page: $3-$5
Documentary transfer tax: $1.10 per $1,000 of consideration
City transfer tax: Varies (can be significant in San Francisco, Oakland, etc.)
Additional Fees May Apply For:
Expedited recording
Certified copies
Electronic recording service charges
Special handling requests
When recording your California quitclaim deed, you must submit:
1. Original Quitclaim Deed
Properly executed with original signatures
Properly notarized with notary seal
Formatted according to California requirements
2. Preliminary Change of Ownership Report (PCOR)
Required by California Revenue and Taxation Code
Form BOE-502-A (most common)
Due at time of recording
Provides information to county assessor
3. Documentary Transfer Tax Payment
Calculated based on consideration or equity transferred
Some transfers are exempt
Declaration on deed or separate form
4. Payment for Recording Fees
Check, money order, or cash (varies by county)
Some counties accept credit cards (with fees)
5. Self-Addressed Stamped Envelope
For return of recorded original or certified copy
Include sufficient postage
In-Person Recording:
Visit the county recorder during business hours
Bring original signed and notarized deed
Bring completed PCOR form
Bring payment for all fees
Submit documents at recording window
Obtain recording receipt
Request certified copy (recommended)
Mail Recording:
Send original deed with cover letter
Include completed PCOR form
Include check for recording fees and transfer tax
Include self-addressed stamped envelope
Mail to county recorder's office
Allow 2-4 weeks for processing and return
Electronic Recording (where available): Many California counties now accept e-recording through approved vendors:
Faster processing (often same-day)
Immediate recording confirmation
Slightly higher fees
Must use approved e-recording vendor
Check county website for availability
The county recorder will:
Review document for compliance
Reject if formatting or content issues exist
If accepted, stamp with official recording information
Assign document number
Index in public records
Make available for title searches
Return recorded document to address provided
Important: Keep your recorded deed in a safe place. Provide copies to:
Your attorney
Title insurance company
Mortgage lender (if applicable)
Estate planning documents file
California's Proposition 13 (1978) fundamentally changed how property taxes work in the state. Understanding its interaction with quitclaim deeds is crucial.
Proposition 13 Basics:
Property tax based on assessed value at purchase
Annual increases capped at 2% or inflation (whichever is less)
Property reassessed to current market value upon "change in ownership"
Change in Ownership Triggers: When you transfer property via quitclaim deed, it may trigger reassessment to current market value, potentially significantly increasing property taxes.
California law provides several important exclusions from reassessment:
Parent-Child Transfer Exclusion (Proposition 19 - Effective February 16, 2021):
NEW RULES under Proposition 19:
Primary Residence: Can transfer to children without reassessment IF child makes it their primary residence within one year
Value Limit: Exclusion applies only to assessed value up to $1 million over current assessed value
Other Property: Transfers of non-primary residences, vacation homes, and rental properties DO NOT qualify
Grandchildren: Only qualify if parents are deceased
This is a MAJOR CHANGE from prior law! Before Prop 19, parents could transfer $1 million of real property (and unlimited primary residence value) to children without reassessment.
Interspousal Transfer Exclusion: Transfers between spouses or registered domestic partners are excluded from reassessment:
During marriage or partnership
In divorce or legal separation
Upon death of spouse
Adding or removing spouse from title
Trust Transfers: Certain transfers to/from trusts are excluded:
Transfer to revocable trust where transferor is also beneficiary
Transfer from trust back to original trustor
Transfer between spouses' separate trusts
Other Exclusions:
Transfers between co-owners (doesn't change proportionate interests)
Certain legal entity transfers
Replacement home for disaster victims
Certain manufactured home transfers
To claim an exclusion from reassessment, you must file:
BOE-19-P Form: Parent-Child exclusion claim BOE-19-G Form: Grandparent-Grandchild exclusion claim BOE-58-AH Form: Interspousal transfer claim
Critical Timing:
File within 3 years of transfer date
Retroactive relief available if filed within deadline
Missing deadline = permanent loss of exclusion = higher taxes forever
California's state documentary transfer tax is $1.10 per $1,000 of consideration (or $0.55 per $500).
Calculation Example: Purchase price: $500,000 Existing mortgage: $200,000 Equity transferred: $300,000
Tax: $300,000 ÷ $1,000 = 300 × $1.10 = $330
City/County Transfer Taxes: Some California cities impose additional transfer taxes:
San Francisco: $25 to $30 per $1,000 (depending on property value)
Oakland: $15 per $1,000 (properties over $300K)
Berkeley: $15 per $1,000
Culver City: $4.50 per $1,000
Santa Monica: $6 per $1,000
These can add thousands to recording costs!
Free quitclaim deed downloads may not comply with current California requirements. Using an outdated or generic form can result in:
Recording rejection
Invalid transfer
Title insurance problems
Future sale complications
Property tax issues
Missing required disclosures
Solution: Always use California-specific forms updated for current law.
Even minor errors in the legal description can:
Transfer the wrong property
Create title gaps or overlaps
Cause recording rejection
Result in expensive corrections
Create title insurance problems
Solution: Copy the legal description exactly from your current deed or preliminary title report. If uncertain, obtain a legal description from:
Title company
County assessor
Licensed surveyor
Attorney or title professional
Choosing the wrong vesting option has significant consequences:
Community Property vs. Joint Tenancy:
Different tax treatment upon death
Different creditor protection
Different estate planning implications
Tenancy in Common without Percentages:
Default is equal shares
May not reflect parties' actual agreement
Creates problems at sale or death
Solution: Understand each vesting option or consult an attorney before choosing. Consider:
Relationship between parties
Estate planning goals
Tax implications
Creditor protection needs
California requires proper notarization, including:
Grantor appears in person before notary
Valid California-issued or government ID presented
Correct California acknowledgment language used
Notary seal affixed
Commission expiration date current and noted
Notary journal entry (strongly recommended)
Solution: Use a California notary public who understands real estate document requirements.
Failing to file the required PCOR form (BOE-502-A) results in:
Recording rejection in many counties
Penalties up to $500
Delayed reassessment
Property tax problems
Solution: Always complete and submit PCOR with your deed recording.
Failing to claim available exclusions (parent-child, interspousal, etc.) results in:
Immediate property tax reassessment
Significantly higher property taxes forever
Lost savings of thousands per year
Example Impact:
Current assessed value: $200,000 (annual tax: $2,500)
Current market value: $800,000 (annual tax: $10,000)
Annual increase: $7,500
10-year cost: $75,000+
Solution: File appropriate exclusion claim forms within 3 years of transfer.
Many California property owners still believe old parent-child transfer rules apply:
Old Rules (before Feb 16, 2021):
Could transfer primary residence to children without limits
Could transfer $1 million of other property without reassessment
New Rules (after Feb 16, 2021):
Primary residence transfer excluded ONLY if child occupies as primary residence
$1 million cap on excluded assessed value
Non-primary residences DO NOT qualify for exclusion
Solution: Understand current law before transferring property to children. Consider alternative estate planning strategies.
Transferring property with an existing mortgage via quitclaim deed:
Doesn't remove grantor's mortgage obligation
May trigger "due on sale" clause requiring full repayment
Can result in foreclosure if not handled properly
May require lender consent
Solution: Review your mortgage documents and consider:
Contacting lender before transfer
Formal assumption process
Refinancing in new owner's name
Alternative transfer structures
Quitclaim deeds do NOT:
Remove liens or judgments
Clear title defects
Provide warranty of ownership
Create ownership if grantor has none
Resolve disputes about ownership
Solution: Obtain title report before transfer. Resolve title issues through appropriate legal channels.
Quitclaim Deed:
No warranties about title
Transfers only the interest grantor actually has (if any)
No liability for title defects
Fast and simple
Lower cost
Suitable for known parties
Common for family transfers and title corrections
Grant Deed:
Implied warranties about title
Grantor guarantees they haven't transferred to anyone else
Grantor guarantees no undisclosed encumbrances
Greater protection for grantee
Standard for purchase transactions
Required by most title insurance companies
Preferred for arms-length transactions
Use Quitclaim Deeds For:
Family transfers between trusted parties
Adding/removing spouse from title
Divorce property transfers
Trust transfers
Title corrections or clearing clouds
Property gifts
Interfamily estate planning
Use Grant Deeds For:
Arms-length sales to third parties
Transfers to strangers
Transactions requiring title insurance
Any situation where grantee needs warranty protection
Standard real estate purchases
Process:
Obtain current deed showing your name
Prepare quitclaim deed from "John Smith, a married man" to "John Smith and Mary Smith, husband and wife as community property with right of survivorship"
Execute before California notary
Record with county recorder
File BOE-58-AH (interspousal transfer exclusion)
Benefits:
Avoids probate for the property
Creates automatic right of survivorship
May provide creditor protection
No property tax reassessment
Step-up in basis benefits at first death
Important: Consider consulting an attorney about estate planning implications and whether community property with right of survivorship is best for your situation.
Process:
Obtain certified copy of divorce decree or marital settlement agreement
Prepare quitclaim deed from both spouses to one spouse
Both parties execute before notary (or per court order)
Record deed with county recorder
File BOE-58-AH (interspousal transfer exclusion)
Important Considerations:
Verify the divorce decree specifies who receives the property
Ensure both parties understand mortgage liability continues
Consider requiring refinance as condition of transfer
Address any existing liens or judgments
Coordinate with property settlement terms
Process:
Determine if transfer qualifies for Proposition 19 exclusion
Prepare quitclaim deed specifying vesting type
Execute before California notary
Record deed with county recorder
File BOE-19-P form to claim parent-child exclusion (if applicable)
Critical Proposition 19 Considerations:
For Primary Residence Transfer:
Will child use property as their primary residence?
Is property value more than $1 million over current assessed value?
Can you structure transfer to occur at death instead (better tax treatment)?
For Other Property:
NO EXCLUSION AVAILABLE under current law
Property will be reassessed to full market value
Consider keeping property until death (stepped-up basis benefits)
Explore alternative estate planning strategies
Capital Gains Tax Considerations:
Gifting during life = child receives your basis (carryover basis)
Transfer at death = child receives stepped-up basis
Can mean hundreds of thousands in tax savings
Example:
Property purchased in 1980 for $100,000
Current value: $1,200,000
Appreciation: $1,100,000
If gifted during life:
Child's basis: $100,000
If child sells for $1,200,000: $1,100,000 taxable gain
Capital gains tax (20% federal + 13.3% CA): ~$366,000
If inherited at death:
Child's basis: $1,200,000 (stepped-up)
If child sells for $1,200,000: $0 taxable gain
Tax savings: $366,000
Solution: Consider whether lifetime transfer makes sense or if retaining until death is better strategy.
Process:
Prepare quitclaim deed from individual to trustee
Name trustee properly: "John Smith and Mary Smith, Trustees of the Smith Family Trust dated January 1, 2025"
Execute before California notary
Record deed with county recorder
File PCOR indicating transfer to trust
Benefits:
Avoids probate
Facilitates trust administration
Maintains privacy
No property tax reassessment (if properly structured)
Simplifies estate planning
Important: Trust transfer is excluded from reassessment only if:
Transferor is also the trustor (creator of trust)
Transferor (or their spouse) is the present beneficiary
Trust is revocable
A complete California quitclaim deed PDF should include:
Formatting Requirements:
Proper margins (1" top, bottom, left; ½" right)
8-point minimum font size
3" x 3" blank space in upper right corner for recording information
8.5" x 11" or 8.5" x 14" paper size
Required Content:
Document title: "QUITCLAIM DEED"
Documentary transfer tax declaration
APN (Assessor's Parcel Number)
Recording requested by line
Return document to address
Grantor identification (name and address)
Grantee identification (name, address, and vesting)
Consideration statement
Granting language
Complete legal description
Property address
Tax computation basis statement
Signature lines for grantor(s)
Notary acknowledgment certificate
Space for notary seal
Optional But Recommended:
Exempt from transfer tax statement (if applicable)
Title company information
Attorney attribution
Recording reference to prior deed
Using Templates:
Cost-effective for straightforward transfers
Faster than custom attorney drafting
Suitable for simple family transfers
Requires careful, accurate completion
Must ensure California compliance
Custom Preparation:
Necessary for complex situations
Multiple properties
Business entities involved
Complicated ownership structures
Significant value transactions
Title issues requiring resolution
Tax planning concerns
The Preliminary Change of Ownership Report is a California form required by Revenue and Taxation Code Section 480.3. It provides the county assessor with information about property transfers.
Most Common Form: BOE-502-A (California Change of Ownership Statement)
You must file a PCOR when:
Recording a deed transferring real property
Recording any document that reflects a change in ownership
Mobile home ownership changes
Business property changes
Even if transfer is exempt from reassessment
Property Information:
APN (Assessor's Parcel Number)
Property address
Type of property (residential, commercial, etc.)
Transfer Information:
Date of transfer
Type of transfer (sale, gift, foreclosure, etc.)
Purchase price or value
Financing information
Whether property will be owner-occupied
Party Information:
Buyer's name, address, phone
Seller's name, address
Relationship between parties (if any)
Tax Exclusion Information:
Whether claiming any exclusion from reassessment
Which exclusion type
Supporting information
When to File:
At time of recording deed (most common)
Within 90 days of recording (if not filed with deed)
Where to File:
With county recorder when recording deed
OR directly with county assessor within 90 days
Penalties for Not Filing:
$100 penalty for failure to file
Additional $100 if not filed after county request
Maximum penalty: $500
Before recording your California quitclaim deed, verify:
Document Preparation:
[ ] California-specific quitclaim deed form used
[ ] Proper formatting (margins, font, spacing)
[ ] 3" x 3" blank space in upper right corner
[ ] Recording requested by information completed
[ ] Return address provided
[ ] Document titled "QUITCLAIM DEED"
[ ] Grantor name(s) exactly match current deed
[ ] Grantor address(es) included
[ ] Grantee name(s) complete and correct
[ ] Grantee vesting specified
[ ] Grantee address(es) include
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Don't leave your property transfer to chance. Use professional forms, proper execution, and expert support to ensure your quitclaim deed accomplishes your goals without complications.
This article provides general information about CA quitclaim deeds and should not be considered legal advice. Property transfers involve complex legal and tax implications. Consult with qualified CA attorneys and tax professionals to discuss your specific situation and needs.