Quitclaim Deed in California: When and How to Use One in 2026

# Quitclaim Deed in California: When and How to Use One in 2026

Buying a home already involves a lot of paperwork. But there are moments in life when you need to move a property from one name to another — and that requires a specific type of deed.

If you want to transfer your home to your children, place your property in a trust, remove an ex-spouse from the title, or add your spouse as a co-owner, there's a document designed exactly for that:

The Quitclaim Deed.

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What Is a Quitclaim Deed?

It's a legal deed that transfers whatever interest the grantor has in a property to the grantee — without any warranties about the title.

This means: "I'm giving you whatever interest I have in this property, whether that's a lot or a little."

It differs from a Grant Deed (which guarantees the title is clear). A Quitclaim Deed makes no guarantees — it simply moves whatever interest currently exists.

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When Is It the Right Choice?

A Quitclaim Deed is ideal when there is trust between the parties and the goal is simply to reorganize who appears on the title:

✅ Transferring property into a living trust

This is one of the most common uses. When you create a Living Trust, you need to transfer your properties into the trust for it to work properly. This is done with a Quitclaim Deed naming the trust as grantee.

✅ Adding or removing a spouse from the title

If you got married and want your spouse to appear as a co-owner, or if you divorced and need to remove an ex-spouse, this deed handles it.

✅ Transferring property between family members

Gifting a home to your children, transferring to parents, passing to a sibling — these family transactions are ideal for a Quitclaim Deed.

✅ Correcting title errors

If the owner's name is misspelled or there's a clerical error in the recording, this deed can formally correct it.

✅ Transfer between business partners

If you're dissolving an LLC or partnership and need to transfer the property to one of the partners personally.

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When Should You NOT Use One?

There are situations where we do not recommend a Quitclaim Deed:

• •Selling property to strangers → The buyer should request a Grant Deed, which does guarantee title
• •When there's an active mortgage → Transferring the title doesn't eliminate the mortgage. The bank may call the loan due upon change of ownership (due-on-sale clause)
• •When there are title disputes → If there are liens, judgments, or pending litigation, consult an attorney

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Documents You'll Need

To properly complete the recording process:

| Document | Description |
|---|---|
| Current deed | Your existing Grant Deed — you'll need to copy the exact legal description |
| APN (Assessor's Parcel Number) | Found on your property tax bill or county assessor website |
| Legal description | Exact text legally describing the property — must be copied verbatim |
| Photo ID | For notarization |
| PCOR form | Required by the county when recording. It's free |

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Step-by-Step Process

Step 1: Gather property information Locate your current deed and note the complete legal description. Also find the APN on your property tax statement. Step 2: Complete the Quitclaim Deed The document must include full names of grantor and grantee, the legal description of the property, and the consideration (can be $1 for family transfers). Step 3: Notarize the deed The grantor's signature must be authenticated before a California notary public. Without notarization, the county will not accept the document. Step 4: Complete the PCOR form The Preliminary Change of Ownership Report is required to inform the county of the change. Available free from the county recorder's office or online. Step 5: File at the county recorder Bring the notarized deed and PCOR to your County Recorder's office. Recording fees are approximately $15–$25 per page. Step 6: Receive your recorded deed The county records the document and returns a stamped copy. This makes the transfer official and part of the public record.

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Important Tax Considerations

Before transferring property, consider:

California Proposition 19 (2021) Limits the property tax base reassessment exclusion between parents and children. Consult a tax advisor before any family transfer. County documentary transfer tax Many counties charge a Documentary Transfer Tax when recording. Certain family transfers may qualify for exemptions — the PCOR form declares these. Federal gift tax If you transfer property without receiving fair market value, it may have gift tax implications if the value exceeds the annual exclusion ($18,000 in 2024).

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Frequently Asked Questions

Do I need to notify the bank if I have a mortgage? Most mortgages have due-on-sale clauses allowing the bank to demand full payment if ownership changes. However, transfers to your own revocable living trust or to a spouse have federal-law exemptions (Garn-St. Germain Act). Check with your lender. Does the Quitclaim Deed cancel the mortgage? No. The loan remains the responsibility of whoever signed it. Transferring the title does not eliminate the debt. How long does recording take? It varies by county. In Los Angeles it can take 4–6 weeks. In smaller counties, just days. Do I need an attorney? It's not legally required. However, for complex situations (divorce, title disputes, property with mortgage), we recommend consulting an attorney.

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Ready to Prepare Your Quitclaim Deed?

At Multi Servicios 360, we help you prepare your Quitclaim Deed correctly, with all California-required fields and the notary acknowledgment form included in your PDF.

Starting at $199 — in Spanish and English, ready to notarize and record.

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Multi Servicios 360 is a document preparation platform. We are not a law firm and do not provide legal advice. For complex situations, please consult a licensed California real estate attorney.