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.
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?
When someone calls asking me for a quitclaim deed, they almost always need a different deed.
| Quitclaim deed | Grant deed | |
|---|---|---|
| What it transfers | Whatever interest the grantor has | Ownership |
| Warranty of title | ✕None | ✓Warrants that the grantor hasn’t already conveyed the property and hasn’t placed undisclosed encumbrances on it |
| Typical use | Between people who know and trust each other | 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.
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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.
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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.
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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.
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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. It isn’t a state tax. Counties impose it, at $1.10 per $1,000 of value (Rev. & Tax. Code § 11911), 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.
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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.
Filling out a California quitclaim deed, line by line
Step 2 above lists what has to be on the form. Each piece below shows where deeds tend to go wrong.
The recording box and return address
Every deed needs a blank space at the top of the first page for the recorder’s stamp, plus a “recording requested by” line and a return-to name and address beneath it. Government Code § 27361.6 requires the top two and a half inches of the first page to stay open for recording information, with the left-hand three and a half inches showing who requested recording and where to mail the deed back. Crowd that space and the recorder can reject the page.
APN and legal description
The Assessor’s Parcel Number identifies the property in the county’s tax records; the legal description identifies it for title purposes, and the deed needs both. Pull the legal description word for word from the deed that currently holds title, whether that’s a lot, block, and tract description or a metes-and-bounds description. Don’t substitute the street address. Streets get renamed; the legal description is what survives.
Grantor, grantee, and vesting
Use the grantor’s full legal name exactly as it appears on the deed now on title. For the grantee, add how title is being taken, called the vesting: joint tenants, tenants in common, community property, community property with right of survivorship, or a trust name and date, for example “John Smith and Jane Smith, Trustees of the Smith Family Trust dated [date].” Get the vesting wrong and you can undo the survivorship or trust protection the transfer was meant to create. Funding a trust takes more than a deed; see how to fund a trust.
Documentary transfer tax and the exemption line
Counties may tax transfers at fifty-five cents per five hundred dollars of value, the rate behind the $1.10 per $1,000 figure above (Rev. & Tax. Code § 11911). When tax is due, the deed must show that amount on its face (Rev. & Tax. Code § 11932). The two exemptions that come up most on family deeds, a bona fide gift and a transfer into your own revocable trust, both run through Rev. & Tax. Code § 11930. State the reason and the code section on the deed, not just the word “exempt.”
The $75 recording fee
California adds a $75 fee at recording, per transaction and per parcel, capped at $225 per transaction (Gov. Code § 27388.1). It doesn’t apply to a document recorded in connection with a transfer that’s subject to documentary transfer tax, or to a transfer of a residential dwelling to an owner-occupier. Many county deed forms, including the Sacramento County Public Law Library sample, carry a box at the top for claiming that exemption.
Deeds between spouses
A quitclaim deed from one spouse to the other doesn’t trigger reassessment, because an interspousal transfer isn’t a change in ownership, and that includes a transfer to a spouse or former spouse under a divorce settlement or judgment (Rev. & Tax. Code § 63). A divorce transfer gets the transfer-tax exemption only if the deed carries a written recital, signed by either spouse, stating that it’s entitled to the exemption (Rev. & Tax. Code § 11927). If both spouses are taking title together, the vesting matters: community property with right of survivorship has to be expressly declared on the deed and accepted in writing by the grantees’ signature or initials (Civ. Code § 682.1). I cover the other deed types in the basics of deeds and property transfer in California.
Signature and notary acknowledgment
Only the grantor signs, in front of a notary. A certificate taken in California must open with a boxed notice stating the notary verified the signer’s identity only, not the truth of the document (Civil Code § 1189). A certificate missing that box, or naming the wrong county, is a common rejection reason. Plan on signing in front of the notary in person. California notaries can’t perform remote online notarization yet. The Online Notarization Act (Gov. Code § 8231 and following) doesn’t take effect until the Secretary of State certifies its system is ready, or January 1, 2030, whichever comes first. A grantor outside California can sign before a notary in their own state (Civil Code § 1189(b)). A remote online notarization done under another state’s law may also be valid, but county recorders differ on accepting it, so check with the recorder before anyone signs.
The PCOR travels with the deed, not inside it
The Preliminary Change of Ownership Report from Step 4 rides along to the recorder but isn’t itself recorded, and it has its own exemption boxes for the assessor, separate from the transfer-tax exemption on the deed. Filling out one doesn’t fill out the other; make sure both tell the same story.
A sample quitclaim deed, annotated
The deed below is made up: one spouse deeds her property to herself and her husband. The names, address, parcel number and legal description are fictional.
| Part of the deed | Specimen wording | What it does |
|---|---|---|
| Recorder’s space and return address | RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Jane Doe, 123 Sample Street, Sample City, CA 00000. MAIL TAX STATEMENTS TO: same. | The top 2½ inches of the first page stay blank for the recorder. The left 3½ inches show who asked for recording and where the deed goes back (Gov. Code § 27361.6). |
| Title, tax and fee lines | QUITCLAIM DEED. Documentary Transfer Tax: $0, gift, Rev. & Tax. Code § 11930. Exempt from the Gov. Code § 27388.1 fee: residential dwelling transferred to an owner-occupier. | The tax line states the reason and the code section, not just “exempt.” Whether these exemptions fit depends on your facts; this is an example. |
| APN | APN: 000-000-000 | Identifies the parcel in the county’s tax records. It goes on the deed along with the legal description. |
| Granting clause | FOR NO CONSIDERATION, JANE DOE, a married woman as her sole and separate property, hereby REMISES, RELEASES AND FOREVER QUITCLAIMS to JANE DOE and JOHN DOE, wife and husband, as community property with right of survivorship, | The operative words. The grantor passes whatever interest she has, with no warranty of title. The last phrase is the vesting, which decides how the grantees hold title. |
| Survivorship acceptance | A line for each grantee to sign or initial, accepting the right of survivorship. | Community property with right of survivorship has to be expressly declared in the deed and may be accepted in writing on its face by the grantees’ signature or initials (Civ. Code § 682.1). |
| Property description | the following real property in the City of Sample City, County of Sample, California: Lot 12 of Tract No. 0000, as per map recorded in Book 00, Page 00 of Maps. | Copied word for word from the deed now on title. A street address doesn’t substitute for it. |
| Date and signature | Dated: ____________ JANE DOE (signature) | Only the grantor signs. The grantees don’t. |
| Notary acknowledgment | A boxed notice at the top of the certificate: “A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.” Then the State of California, County of ____ certificate and the notary’s signature and seal. | The boxed notice is required for any acknowledgment taken in California (Civ. Code § 1189). A certificate without it is a common reason a recorder rejects a deed. |
This is a specimen, not a form to copy. A deed with the wrong vesting, a missing exemption reason or a legal description that doesn’t match the record can trigger a property tax reassessment or leave a gap in your title, and either one costs far more to fix than the deed cost to prepare. The Preliminary Change of Ownership Report goes in with the deed but isn’t part of it.
What gets a deed bounced
- Missing or crowded recording box at the top of the first page.
- A legal description that doesn’t match county records, or a street address used instead.
- No APN, or an APN for the wrong parcel.
- An unsigned deed, or a notary certificate missing the boxed language.
- An exemption claimed with no reason stated on the deed.
- Vesting that doesn’t match what the grantee wants, especially when the parent-child exclusion is in play.
Frequently Asked Questions
Is a quitclaim deed legally binding in California?
Yes. A properly executed quit claim deed is fully legally binding in California. It must be in writing and signed by the grantor (Civil Code § 1091), name the grantor and grantee, and be delivered to and accepted by the grantee (Civil Code § 1054). The notary isn’t what makes it valid. The grantor’s signature has to be acknowledged before a notary for the county to record it (Gov. Code § 27287). 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 counties charge at $1.10 per $1,000 of value unless an exemption applies (some cities add their own). 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.
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