Table of Contents
How to File a Quitclaim Deed in California
Where Do You File a Quitclaim Deed in California?
How Much Does It Cost to File a Quitclaim Deed in California?
Do You Need a Lawyer to File a Quitclaim Deed in California?
When Should You File a Quitclaim Deed?
Filing a Quitclaim Deed in California Bottom Line
How to File a Quitclaim Deed in California
- Do Your Research
- Obtain the Quitclaim Deed Documents
- Complete the Forms
- Notarize the Deed
- Complete a Preliminary Change of Ownership Report (PCOR)
- File the Deed with the County Recorder’s Office
1. Do Your Research
Before filing a quitclaim deed, do your research to determine whether it’s the best instrument for the scenario. Although it’s a fast and efficient way to transfer property, it typically only makes sense under certain circumstances.
A quitclaim deed does not guarantee that the person relinquishing their rights (known as the guarantor) is a valid property owner because a title search is not required. Plus, it does not contain any protections for the new owner (known as the guarantee) if the guarantor decides to claim an interest in the property in the future. So, it only works in scenarios where you can trust that the guarantor will not dispute the transaction later on.
In addition to researching quitclaim deeds, you should also do preliminary research to prepare for filing. First, find the local county clerk’s office in your area, where you will find the proper forms and file the paperwork. Also, try to locate the current deed for the property because you may need some information from it to complete the necessary documents.
2. Obtain the Quitclaim Deed Documents
Next, you’ll want to obtain the quitclaim deed form. You can find the forms at the County Clerk’s Office, Recorder’s Office, or Assessor’s Office. You can also find templates available online; however, be sure to verify their validity with the proper local authority because some counties have specific requirements for content and formatting.
3. Complete the Forms
Once you have the necessary forms in your possession, you’ll fill them out with the appropriate information. A quitclaim deed will require the following information:
- A legal description of the property as described on the existing deed
- The parcel number of the property
- Name and address of the guarantor
- Name and address of the guarantee
- Proof of taxes paid or qualified exemption
4. Notarize the Deed
In addition to completing the forms, you’ll also need to have the quitclaim deed notarized. Specifically, the grantor’s signature must be notarized. This means you must sign the document in the presence of a notary authorized to authenticate documents in the county where the property is located.
Notaries are available at most banks or government buildings, including the county recorder or clerk’s office. Just bring valid identification, such as a driver’s license or passport.
5. Complete a Preliminary Change of Ownership Report (PCOR)
You’ll also need to complete a preliminary change of ownership report (PCOR), which you can get from the county clerk or recorder. This form is required by California law and must be submitted along with the quitclaim deed. The PCOR form is a questionnaire that is intended to provide the county assessor with information about the transfer, such as the parties involved, the purchase price, and the terms of the sale.
6. File the Deed with the County Recorder’s Office
Submit the original signed and notarized quitclaim deed, along with the PCOR, to the County Recorder’s Office in the county where the property is located. You will also need to pay a recording fee, which varies by county.
You’ll also need to complete a Documentary of Transfer Tax or Notice of Exemption to prove you paid the appropriate taxes or qualify for an exemption, which can also be obtained from the County Recorder.
Where Do You File a Quitclaim Deed in California?
In California, you file a quitclaim deed with the County Recorder's Office or County Clerk's Office. Be sure to bring all of the forms, including the PCOR and tax documents. The documents should be filed in the county where the property is located, even if the guarantor or guarantee lives in another location.
How Much Does It Cost to File a Quitclaim Deed in California?
When you file the documents, you must pay a small recording fee, which varies depending on the county. The price is anywhere from $6 to $21 for the first page, then up to $3 for any additional pages. Also, be aware of any tax implications imposed when transferring the property.
Do You Need a Lawyer to File a Quitclaim Deed in California?
No, you do not need a lawyer to file a quitclaim deed in California. The form is simple enough, and you can file it on your own as long as you fill it out properly and have it notarized. However, it’s a legally binding contract without the standard covenants and protections of a typical deed, so it may be wise to consult an attorney with any questions.
When Should You File a Quitclaim Deed?
- When Gifting Property
- To Transfer Property to a Business or Trust
- During a Divorce Settlement
1. When Gifting Property
A quitclaim deed comes in handy when transferring property without a traditional sale. A common example is a close family member gifting a home to another relative or an aging parent transferring ownership to their children before they pass away.
2. To Transfer Property to a Business or Trust
Another common reason you may use a quitclaim deed is to transfer your property to a business entity, such as an LLC, to enjoy tax advantages or legal protections. You may also use a quitclaim deed to transfer the property to a trust for estate planning.
3. During a Divorce Settlement
It often makes sense to transfer a property using a quitclaim deed during a divorce settlement. If you jointly owned your home during the marriage and want to give up your rights, a quitclaim deed is typically the fastest method.
Filing a Quitclaim Deed in California Bottom Line
A quitclaim deed is a great way to quickly transfer property ownership without going through the standard process required with a traditional home sale. Filing a quitclaim deed in California involves accurately completing the deed, notarizing it, and submitting it to the appropriate county office along with any required forms and fees. This process legally transfers property ownership and ensures the change is properly recorded.