Quick answer: A quitclaim deed (also written as quit claim deed) is a one-page document that transfers whatever ownership interest you have in a piece of California property to someone else, with no promise that the title is clean. The grantor makes no guarantee about liens, claims, or anyone else’s stake in the property. That makes it the right tool for transfers between people who already trust each other, like adding or removing a spouse, moving a house between family members, or funding a living trust or an LLC. It is the wrong tool for a regular sale, where the buyer needs a grant deed that warrants the seller has not already sold or encumbered the property.
Most people I talk to about quitclaim deeds are in the middle of a life change. A divorce where one spouse is keeping the house. A parent moving a rental into the kids’ names. A homeowner who just signed a trust and now needs to actually put the house inside it. The deed itself is short, which fools people into thinking the decision behind it is simple. It usually isn’t, because a deed can trigger a property-tax reassessment or leave you on the hook for a mortgage you thought you walked away from.
Here’s how quitclaim deeds work in California, when they fit, when they don’t, and how to file one without getting it bounced back.
What is a quitclaim deed?
A quitclaim deed transfers the grantor’s interest in real property to the grantee (the person receiving it). The key word is “whatever.” If the grantor owns the whole property, the grantee gets the whole property. If the grantor owns half, the grantee gets half. If the grantor turns out to own nothing, the grantee gets nothing, and has no legal recourse against the grantor for it.
That last part is what separates a quitclaim from a grant deed. A grant deed carries two built-in promises: that the grantor hasn’t already transferred the property to someone else, and that the grantor hasn’t quietly placed liens or encumbrances on it beyond what’s already disclosed. A quitclaim deed carries none of those promises. It just hands over the interest, as-is.
A quitclaim isn’t “weaker” in some vague sense. It transfers ownership just fine when properly executed. It simply comes with no warranty of title. For a transfer between family or spouses, that’s usually no problem. For an arm’s-length sale to a stranger, it leaves the buyer exposed, which is why California sales run on grant deeds instead. If you want the broader picture on how property changes hands here, see the basics of deeds and property transfer in California.
Quitclaim deeds are also sometimes spelled “quit claim deed” or “quitclaim deed” interchangeably. Both refer to the same instrument under California law.
Quitclaim deed vs. grant deed: which do you need in California?
- Quitclaim deed: Transfers whatever interest the grantor has. No warranty of title. Common between people who know and trust each other.
- Grant deed: Transfers ownership and warrants that the grantor hasn’t already conveyed the property and hasn’t placed undisclosed encumbrances on it. Standard for California real estate sales.
The effect on the recorded title is often the same. What’s different is the promises that come with it. If a title insurer is involved or money is changing hands between strangers, you almost always want a grant deed. For family transfers, divorce buyouts, or funding a trust, a quit claim deed is usually the right and simpler tool.
Common ways quit claim deeds get used in California
- Divorce. One spouse signs a quitclaim deed giving up their interest so the other keeps the house. (Read the mortgage section below before you assume this ends your loan liability.)
- Adding a spouse after marriage. A homeowner adds their new spouse to title.
- Family transfers and gifts. Parent to child, between siblings, or gifting a property outright.
- Funding a living trust. Moving your home into your revocable trust so it avoids probate. This is one of the most common reasons people sign a quitclaim or a grant deed when they set up a living trust.
- Moving property into an LLC for rental or business purposes.
- Clearing up a clouded title between co-owners who want to formalize who owns what.
Where quitclaim deeds usually don’t belong
- A normal sale. Buyers want the warranties a grant deed gives them, plus title insurance. A quitclaim won’t satisfy a lender or an escrow company on a purchase.
- Any deal where ownership is in dispute. A quitclaim doesn’t resolve a fight over who actually owns the property. It just moves whatever the signer has, which may be nothing.
- When you need title insurance. Title companies generally won’t insure a transfer that runs on a quitclaim from a stranger.
The cautions people miss: mortgage, taxes, and Prop 19
A quitclaim deed does not remove you from the mortgage
This is the single most common misunderstanding, and it causes real damage. The deed and the loan are two separate things. The deed controls who owns the property. The mortgage is a contract you signed with the lender, and signing away your ownership does nothing to that contract. If your name is on the loan and you quitclaim your interest to your ex-spouse, you still owe the lender. If they stop paying, it’s your credit that takes the hit, and the lender can still come after you.
To actually get off a mortgage, the loan has to be refinanced into the other person’s name alone, or the lender has to formally release you (a “release of liability,” which lenders rarely grant on their own). Plan for that step separately. The quitclaim deed by itself never solves it.
Reassessment and your property taxes
California reassesses property to current market value when there’s a “change in ownership,” and a reassessment can send your annual property-tax bill up sharply. Some transfers are excluded. Transfers between spouses are generally excluded from reassessment. Putting your own home into your own revocable living trust is generally not treated as a change in ownership, so it usually doesn’t trigger a reassessment. But a transfer to a child, a sibling, or an LLC can absolutely trigger one if no exclusion applies. The deed form you file (the Preliminary Change of Ownership Report) is where the county figures out whether to reassess, so it matters how the transfer is characterized.
Prop 19 narrowed the parent-child break
It used to be that parents could transfer property to children and largely avoid reassessment under the old rules. Proposition 19, which applies to transfers on or after February 16, 2021, tightened that considerably. The parent-child exclusion now generally applies only to a family home (or family farm), the child has to move in and make it their primary residence within one year, and there’s a value cap. For transfers between February 16, 2025 and February 15, 2027, that cap is $1,044,586; market value above the cap gets added to the taxable value. A transferred rental or vacation home from parent to child no longer gets the old protection at all. (Source: California State Board of Equalization, Proposition 19.)
The practical takeaway: before you quitclaim a property to a child to “save on taxes,” run the Prop 19 math. A lot of well-meant family transfers now trigger a reassessment that costs more than they save.
How to file a quitclaim deed in California: step by step
Filing a quit claim deed in California follows the same basic process in every county, though fees and local form requirements vary. Here is what to expect.
Step 1: Get the right form for your county
You need a California quitclaim deed form, and the county where the property sits may have its own formatting requirements. You can get one from your county recorder’s office, a reputable legal-form provider, or a sample like this one from the Sacramento County Public Law Library. If you don’t have the property’s exact legal description, you can pull the current deed from the county recorder.
Step 2: Fill it out completely and accurately
A quitclaim deed needs:
- Grantor: full legal name of the person giving up the interest.
- Grantee: full legal name of the person receiving it, and how they’ll hold title.
- Legal description of the property: from the current deed or the county assessor (not just the street address).
- Assessor’s Parcel Number (APN): on your property-tax statement or the county website.
- Consideration: for a gift, “$0” or “for no consideration” is common; for a sale, the amount paid.
- Grantor’s signature. The grantee usually doesn’t sign.
Everything has to be legible, and some counties are strict about margins and page size. A small formatting error gets the whole thing rejected.
Step 3: Get it notarized
California requires the grantor to sign in front of a notary, who confirms identity. Banks, shipping stores, and mobile notaries all handle this. Make sure the seal and notary information are clear, or the recorder may bounce it.
Step 4: Complete the Preliminary Change of Ownership Report (PCOR)
You file a Preliminary Change of Ownership Report (BOE-502-A) along with the deed. This is how the county updates its tax records and decides whether the transfer triggers reassessment, so fill it out carefully and claim any exclusion that applies. If you skip this form, the county recorder will charge a $20 penalty fee. You’ll also want to figure out documentary transfer tax, which is $1.10 per $1,000 of value statewide, though gifts and transfers between spouses are often exempt. Some cities add their own transfer tax on top, and if you claim an exemption, you must state it on the face of the deed.
Step 5: Record the deed at the county recorder’s office
The last step is recording the deed at the recorder’s office in the county where the property is located. Recording fees vary by county. You can usually file in person or by mail, and in-person filing is often faster. Once it’s recorded, the county returns the original or a copy for your records, and the transfer is now part of the public chain of title.
Frequently Asked Questions
Is a quitclaim deed legally binding in California?
Yes. A properly executed quit claim deed is fully legally binding in California under Civil Code §§ 1091 through 1096. To be valid, it must be in writing, name the grantor and grantee, be signed by the grantor in front of a notary, and be delivered to and accepted by the grantee. Once recorded with the county recorder, it becomes part of the official chain of title. The fact that it carries no title warranty does not make it less binding. It simply means the grantee takes the property “as-is” with no recourse against the grantor if an undisclosed claim later surfaces.
Does a quitclaim deed remove someone from the mortgage?
No. A quitclaim deed only changes who owns the property. It does nothing to the loan. If your name is on the mortgage, you stay legally responsible for it even after you sign away your ownership. The only ways off a mortgage are a refinance into the other person’s name or a formal release of liability from the lender.
Does a quitclaim deed trigger reassessment in California?
It can. California reassesses property on a “change in ownership,” which raises the tax bill. Transfers between spouses and transfers of your own home into your own revocable living trust are generally excluded. Transfers to children fall under Prop 19’s narrower rules, and transfers to other relatives, co-owners, or an LLC may trigger reassessment. The Preliminary Change of Ownership Report is where the county sorts this out.
Quitclaim deed vs. grant deed: which do I need?
If you’re selling to someone at arm’s length, or money is changing hands and a lender or title company is involved, you need a grant deed, which warrants the title. If you’re transferring between spouses, family, or into your own trust or LLC, a quitclaim deed is usually the right and simpler tool.
How much does it cost to file a quitclaim deed in California?
Two cost pieces: the county recording fee (which varies by county) and documentary transfer tax, which is $1.10 per $1,000 of value statewide unless an exemption applies. Gifts and spousal transfers are often exempt from the transfer tax. Notary fees are a small additional cost. If you forget to include the PCOR, add a $20 penalty from the county recorder.
Can I undo a quitclaim deed after it’s recorded?
Not unilaterally. Once a quitclaim deed is recorded, the transfer is generally done. Reversing it usually means the new owner has to sign a deed back to you, or you’d have to go to court to set it aside (for fraud or undue influence, for example). That’s exactly why it’s worth getting the deed right before you sign it.
Talk to Ridley Law before you sign
A quitclaim deed is short, but the consequences aren’t. Get it wrong and you can trigger a property-tax reassessment, stay stuck on a mortgage, or transfer something other than what you meant to. Ridley Law helps California families and property owners do these transfers correctly, whether that’s a divorce buyout, funding a trust, or moving property between family.
Call Ridley Law at (805) 244-5291 for a free consultation, or reach out here. Let’s make sure your transfer does what you actually want it to do.
Read the complete guide: Should You Add Your Kids to the Deed?.
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