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Quit Claim Requirements in California

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    California Property Deeds

    • In California, the most frequently used type of deed is the statutory grant deed. Statutory grant deeds give warranties of good title and other assurances. Quitclaim deeds ofter substantially less. In fact, quitclaim deeds do not warrant against liens or encumbrances. However, quitclaim deeds can be used to clear a cloud on title because they must be recorded. The process of recording a quitclaim deed allows the grantee to search the chain of title and attempt to clear any encumbrances she may find.

    Requirements for Quitclaim Deeds

    • California requires that quitclaim deeds be notarized and recorded. Recording a deed requires filing it with a local county recorder. California also requires specific language in quitclaim deeds. For example, the grantor must state that he has received consideration and that he is quitclaiming certain property to a grantee. The name of the grantee is required, as is the city and county in which the property is located. The grantor must sign the quitclaim deed in front of a notary.

    Common Uses

    • As in other jurisdictions, quitclaim deeds are frequently used in California during divorce and marriage settlements. Quitclaim deeds are used to transfer property between spouses in marriage settlements because it is one of the quickest ways to transfer ownership. Quitclaim deeds are also used when a parent wishes to transfer property to a child.

    Other Considerations

    • Because California quitclaim deeds must be recorded, it is important to know the location of the county recorder. Quitclaim deeds must be filed in the county where the property is located. Each county has its own recorder's office. PublicRecords.OnlineSearches.com lists all California county recorder's offices including contact information (see "Resources").

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