Quitclaim deed. DIY Transferring property.



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How to File a Quitclaim Deed in California

Two Parts:

A quitclaim deed transfers interest in real property to someone else. The person who transfers the property is known as the “grantor” while the person who receives the interest is a “grantee.” The difference between a quitclaim deed and other deeds (such as a “warranty deed”) is that the quitclaim deed does not make any promises about the property. This means that the person transferring the property is not warranting anything apart from giving up their own or potential rights to the property.

Steps

Preparing to File the Quitclaim Deed

  1. Ask the current owner for a copy of the deed.To complete a quitclaim deed, you will need the original deed to the property. Ask the current owner for a copy. If you are the current owner, then go through your records and see if you have a copy.
  2. Visit the County Recorder or Clerk.If the owner does not have the deed, then you can get a copy from the County Recorder or the Clerk’s office. Depending on the office, you may be charged a fee for each page. The fee will vary depending on the county, but generally ranges from to for the first page and -3 for each additional page. In Sacramento County, you can get a copy for a page.In San Bernardino County, you can expect to pay for the first page and for any additional pages.
    • You can find the appropriate office by visiting this .
  3. Find the legal description of property.Once you locate the current deed, you should find the legal description of property. You will need this information when completing the quitclaim deed. The legal description of property should be under the words “Legal Description” or just “Description.” There are generally two types of legal descriptions:
    • Subdivision description. If the property is part of a subdivision, then the legal description on the deed will list the name of the subdivision and the lot number. You may find the plat map for the subdivision in the same county office.
    • Metes and bounds. This description situates the property according to points of reference, such as landmarks. A metes and bounds description will often tell a person where to begin and then where to go to walk off the property’s boundary. For example: “Commencing at the intersection of the west line of Hampton Road and the north line of Thompson Lane; thence west 200 feet along the north line of Thompson Lane, ….”
  4. Seek legal assistance, if necessary.If you think that you need assistance, or if you have questions about a quitclaim deed, then you should contact an attorney. You may not want to file a quitclaim deed. If you are unsure, talk it over with an attorney.
    • You can find a qualified attorney through the State Bar of California’s Lawyer Referral Service, which is available . This website will connect you to different referral services in different California counties. Click on your county to find the contact information for your specific referral agencies.
    • You can also visit LawHelpCalifornia.org, which helps people with low or moderate incomes find legal information and legal aid programs.

Filing a Quitclaim Deed

  1. Get a form.Your county Recorder’s office should have a quitclaim form for you to pick up. Additionally, one may be posted on the website. For example, the San Diego County Clerk’s office provides a blank quitclaim deed form at .
  2. Fill out the form.Complete the form using a typewriter or by printing neatly using black ink. A quitclaim deed form will require the following information:
    • Assessor’s Parcel Number
    • Document transfer tax or exemption and city tax
    • names of the grantors (the current owners of the property as described on the current deed as well as the form of title or disclaiming parties)
    • Names of the grantees (the new or continuing owners)
    • The legal description of property as exactly described on the current deed
  3. Sign in front of a notary.Once you have completed the form, you must wait to sign it until you appear before a notary public. Notaries can be found at most courthouses and large banks. There is probably also a notary at the Recorder or Clerk’s office.
    • You can also find a notary by visiting the American Society of Notaries website and using the . Type in your five digit zip code number.
    • Be sure to bring sufficient personal identification. A valid driver’s license or passport should be sufficient.
  4. Get a Preliminary Change of Ownership Report (PCOR).In addition to a quitclaim deed form, you will also need a PCOR. You can also get this from the county Recorder or Clerk. A PCOR is a questionnaire that asks certain information about the property, individuals involved in the transfer, the purchase price, and the terms of sale.
    • An example of the form can be found .
  5. File the forms.Take both the quitclaim deed form and the PCOR to the County Recorder or Clerk’s office and ask to file.
    • You must pay a recording fee. The recording fee will vary by county, but you can expect as a range to pay between and for the first page and for any additional page. In Sacramento County, for example, the Recorder charges for the first page and for each additional page for recording.In Orange County, you can expect to pay for the first page and for each additional page.
  6. Give the deed to the grantee.In some counties, you will be handed a recorded original. If so, then you can send the original to the grantee while keeping a copy for yourself. In other counties, the Recorder will mail it to the grantee at a later date.
    • Be sure to keep a copy for your records. You should store it in a home safe or a safety deposit box.

Community Q&A

Search
  • Question
    Does the grantee have to sign the quit claim deed?
    wikiHow Contributor
    Community Answer
    No, in most states. In few counties, it is required.
    Thanks!
  • Question
    My husband and I refinanced 4 years ago. The lender told me I needed to complete a quit claim deed to put my house back in our trust. Is this true?
    wikiHow Contributor
    Community Answer
    If you sign a quit claim deed, it puts the house in only your husband's name. Then the lender puts the mortgage under your husband's name only.
    Thanks!
  • Question
    Do I have to own the home free and clear of debt in order to do a Quit Claim?
    wikiHow Contributor
    Community Answer
    Yes, you do.
    Thanks!
  • Question
    My husband is unavailable to sign the quitclaim form and I want to remove him from the title, can I do that in Los Angeles, CA?
    wikiHow Contributor
    Community Answer
    His witnessed and notarized signature must be on the quitclaim deed form. Therefore, no, in California you cannot remove his name from the deed without that signature because it is his tacit consent to removing his name from the title.
    Thanks!
  • Question
    How do I complete a quitclaim deed in California when I live in another state?
    wikiHow Contributor
    Community Answer
    You can often mail the forms in. Check the Recorder's Office website for the county you want to file in (in Sacramento County, you can mail them in.) If you can't find the information you're looking for, call or e-mail the Recorder's Office. They're usually very helpful.
    Thanks!
  • Question
    I own my house and want to add my husband's name, with both of us taking title as "community property with rights of survivorship." How and where do I write this out on the quitclaim deed?
    wikiHow Contributor
    Community Answer
    A simple visit to a tax lawyer can fix this problem. Since you have no mortgage, a living trust will work, denoting you have given first right of refusal to the husband. He then owns the house after he pays for it.
    Thanks!
  • Question
    Can I file a quitclaim deed on the property of a deceased parent?
    wikiHow Contributor
    Community Answer
    You can file a quitclaim on any property you want. If you have some interest, it transfers to the grantee. If not, your zero interest transfers to the grantee.
    Thanks!
Unanswered Questions
  • How does one do a quit claim deed if the one being removed is incarcerated?
  • Can I file a quitclaim deed signed/notarized by parents after they die? (they signed while still alive but did not record)
  • Do the grantee and grantor names in the "mail to" section of the deed have to match the body of the deed verbatim?
  • The property is in a trust. I am revoking the trust. Do I revoke the trust first then quitclaim to property to my name?
  • How do I file a quitclaim deed if my building was owned by a corporation and a new company assumed the loan?
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  • Whenever property is exchanged, the property is reassessed for tax purposes, which likely results in a property tax increase for the new owner. Some transfers are excluded from reassessment. For example, transfers from parent to child, grandparent to grandchild, and transfers between spouses will be excluded.





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Date: 12.12.2018, 15:35 / Views: 63254