What is a Quitclaim Deed?

A quitclaim deed is a legal document that transfers whatever ownership interest one person has in a property to another person. The key word is "whatever." The person signing a quitclaim deed makes no promises about what they actually own. They simply hand over their interest, if any exists.

This makes quitclaim deeds different from other types of deeds in California. There are no warranties. No guarantees. No promises that the title is clean.

As a notary who handles real estate documents regularly in Sacramento, I see quitclaim deeds used frequently. They serve an important purpose, but they are not the right tool for every situation.

When to Use a Quitclaim Deed in California

Transferring Property Between Spouses

This is the most common use. During a divorce, one spouse may quitclaim their interest in the family home to the other. Married couples also use quitclaim deeds to add or remove a spouse from the title.

Adding or Removing a Family Member

Parents sometimes add children to a property title or transfer ownership entirely. Siblings may use quitclaim deeds to resolve inherited property. These family transfers are common in the Sacramento area.

Transferring Property to a Trust

If you have created a living trust for estate planning purposes, you will likely need a quitclaim deed to move your property into the trust. This is one of the most routine uses of a quitclaim deed.

Clearing Up Title Issues

Sometimes a title search reveals an old claim or a name on the title that should not be there. A quitclaim deed from that person can clear the issue quickly.

Removing Yourself from a Property

If you are on a title but no longer want the responsibility or exposure, a quitclaim deed allows you to release your interest.

When NOT to Use a Quitclaim Deed

Buying property from a stranger. If you are purchasing a home or land from someone you do not know well, a quitclaim deed offers you zero protection. The seller could have liens, unpaid taxes, or disputed ownership. A grant deed or warranty deed is appropriate for these transactions.

When the lender has not approved the transfer. Most mortgages include a "due on sale" clause. Transferring ownership via quitclaim deed without the lender's knowledge could trigger this clause, making the entire loan balance due immediately. Consult an attorney before transferring property that has an existing mortgage.

When tax implications are unclear. Property transfers can trigger reassessment under California's Proposition 19. Some transfers between parents and children may be excluded, but the rules are specific. Consult a tax professional or real estate attorney before proceeding.

How to Complete a Quitclaim Deed in California

Step 1: Obtain the Correct Form

California does not have a single official quitclaim deed form. You can purchase forms from legal document providers, or an attorney can draft one for your specific situation. The document must meet California's legal requirements for recording.

Step 2: Fill Out the Required Information

The quitclaim deed must include:

The grantor's name (the person giving up their interest)
The grantee's name (the person receiving the interest)
A legal description of the property (found on your current deed or title report)
The assessor's parcel number (APN)
The county where the property is located

Step 3: Get the Deed Notarized

California law requires that the grantor's signature on a quitclaim deed be notarized. The grantor must sign in the presence of a notary public and provide valid government issued photo identification.

The grantee does not need to sign the deed or be present at the notarization. Only the person transferring their interest must appear before the notary.

Step 4: Record the Deed

After notarization, the quitclaim deed must be recorded with the County Recorder's office in the county where the property is located. In Sacramento County, the Recorder's office is located at 600 8th Street in downtown Sacramento.

Recording fees vary but typically range from $15 to $25 for the first page plus a small fee for each additional page.

Step 5: File a Preliminary Change of Ownership Report

California requires a Preliminary Change of Ownership Report (PCOR) to be filed with the quitclaim deed. This form helps the county assessor determine if the property needs reassessment. Failing to include the PCOR will result in a $20 penalty.

Quitclaim Deed vs Grant Deed in California

The main difference is the level of protection.

A quitclaim deed says: "I am giving you whatever I have, but I make no promises about what that is."

A grant deed says: "I am giving you this property, and I promise I have not already sold it to someone else or placed hidden liens on it."

For most real estate sales in California, a grant deed is standard. Quitclaim deeds are reserved for transfers where the parties already know and trust each other.

For a detailed comparison, see our post on California Grant Deed vs Quitclaim Deed Explained.

Tax Considerations for Quitclaim Deeds

Property transfers via quitclaim deed can have significant tax consequences:

Property tax reassessment. Transfers to non family members will likely trigger reassessment at current market value.
Documentary transfer tax. Sacramento County charges $1.10 per $1,000 of value transferred. Some exemptions apply for transfers between spouses or into trusts.
Capital gains tax. The grantee receives the grantor's tax basis. This means if the property was purchased at a low price years ago, the grantee may face substantial capital gains tax when selling.

Consult a tax professional before completing any property transfer.

Bilingual Notary Service for Real Estate Documents

Many families in the Sacramento area prefer to discuss legal documents in Spanish. I offer bilingual notary service in English and Spanish, ensuring all parties understand the documents before signing.

Visit my real estate notary page for more information about property document notarization.

Need a Notary for a Quitclaim Deed?

I am Gina Gonzalez, an NNA certified and insured mobile notary serving the Sacramento metropolitan area. With my background as a former Legal Advisor for the Regional Government of Cusco, Peru, I bring professional legal experience to every real estate notarization.

I can meet you at your home, office, title company, or any convenient location in Sacramento, West Sacramento, Elk Grove, Roseville, Folsom, Rancho Cordova, Citrus Heights, Davis, Woodland, Lincoln, and Auburn.

Available 7 days a week, 7 AM to 9 PM. California notary fee: $15 per signature.

Call (415) 948-9967 or book online to schedule your appointment.

This post is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.

California Quitclaim Deed: When and How to Use One