Free California Quitclaim Deed Form

A California quitclaim deed transfers whatever interest a person holds in California real property to another person, without any warranties of title. The party giving up the interest is the grantor, and the party receiving it is the grantee. A quitclaim uses the conventional operative words "remise, release, and quitclaim." California does not publish a dedicated statutory quitclaim form; the statutory short form set out in Civil Code section 1092 is a grant deed form, and a quitclaim instead rests on the general conveyance rule that an interest in real property is transferred by a written instrument signed by the grantor (Civil Code section 1091).

The defining feature is what the deed leaves out. Unlike a California grant deed, which carries implied covenants of title, a quitclaim makes no promise that the grantor owns anything, that the title is clear, or that there are no liens. The grantee takes only whatever interest the grantor actually holds, which may be full ownership, a partial interest, or nothing. If a title defect later appears, the grantee generally has no recourse against the grantor.

Because of that limited protection, California quitclaim deeds are best used between people who trust each other, such as family members, divorcing spouses, or co-owners adjusting title, and not for an arm's-length sale where a buyer paying market value will expect a grant deed and title insurance.

Quitclaim deeds are most useful for non-sale transfers between parties who know and trust each other. Common California situations include transferring property between family members, releasing a spouse's interest in a divorce, adding or removing a spouse or co-owner, moving property into a revocable living trust, and correcting an error on a prior deed.

Two California-specific cautions are important before you sign. First, a change in ownership can trigger a property-tax reassessment to current market value, and Proposition 19 sharply narrowed the old parent-child exclusion, so a well-intentioned quitclaim to a child can cause a large tax increase (covered below). Second, a quitclaim transfers ownership but does not remove anyone from the mortgage; the lender can still hold the original borrower liable until the loan is refinanced or assumed. Quitclaim deeds are generally not appropriate for selling at market value, where the buyer should receive a grant deed and title insurance.

California's execution rules are simpler than some states, but the recording formalities are strict and are the most common reason a deed is rejected at the counter. A California deed must meet the following.

A California deed is recorded with the County Recorder in the county where the property is located (Government Code section 27201). Recording gives public notice of the transfer and protects the grantee's priority against later claims.

Recording can trigger documentary transfer tax. Under Revenue and Taxation Code section 11911, the county rate is 55 cents per $500 of value (or any fraction of $500), calculated on the consideration or value of the property, excluding the value of any liens remaining on it at the time of sale. Many charter cities, including Los Angeles, San Francisco, Oakland, and San Jose, impose their own city transfer taxes on top of the county rate, and those city rates can be far higher, so always check the specific city.

Several transfers are exempt. Under Revenue and Taxation Code section 11930, no documentary transfer tax is due on a transfer that, by reason of a genuine gift or the death of the owner, passes property outright to or in trust for a person, and transfers between spouses are generally exempt as well. Transfers into a revocable living trust for the grantor's own benefit are also commonly treated as exempt because beneficial ownership does not change. To claim any exemption, the deed must state the exemption and cite the applicable Revenue and Taxation Code section on its face. Recording fees apply in addition. Confirm current city rates, fees, and exemptions with your county recorder.

This is the most important California-specific issue with a quitclaim deed. Under Proposition 13, a change in ownership generally causes the property to be reassessed to current market value, which can sharply raise the annual property tax. A quitclaim that actually shifts beneficial ownership is a change in ownership.

Some transfers are not treated as a change in ownership and do not cause reassessment, including transfers between spouses and transfers to or from a revocable living trust for the grantor's benefit. Others, especially gifts to children, are where people get caught.

Proposition 19, effective February 16, 2021, dramatically narrowed the old parent-child (and grandparent-grandchild) exclusion that previously let parents pass property to children without reassessment. Under Proposition 19, the exclusion applies only to a family home (or family farm) that was the transferor's principal residence, and the child must move in and make it their own principal residence, filing for the homeowners' or disabled veterans' exemption within one year. Even then, the exclusion is capped: only the property's existing taxable value plus $1,000,000 (adjusted for inflation, and $1,044,586 as of February 16, 2025) is excluded, and any value above that is added back. The prior exclusion for non-principal-residence property was eliminated entirely. Claims are filed with the county assessor (form BOE-19-P for parent-child transfers). Because a quitclaim to a family member can trigger a large, permanent tax increase, confirm the current rules with the county assessor or the California State Board of Equalization, and consider speaking with a tax professional, before you record.

California does not use a "warranty deed." Its warranty instrument is the grant deed. By the mere use of the word "grant" in a conveyance, Civil Code section 1113 implies two covenants from the grantor: that the grantor has not already conveyed the same estate to someone else, and that the estate is free from encumbrances made or suffered by the grantor. Those implied covenants give the grantee a basis to recover if they are breached.

A quitclaim deed carries no covenants of any kind. It conveys only whatever interest the grantor holds at that moment, with no promise that the grantor owns anything or that the title is clear. Both a grant deed and a quitclaim can effectively transfer title if the grantor in fact owns the property; the difference is the presence (grant deed) or absence (quitclaim) of those implied title covenants. For an arm's-length purchase at market value, a buyer should receive a grant deed and an owner's title insurance policy; a quitclaim is appropriate for family transfers, divorce, adding or removing a co-owner, or clearing a possible cloud on title.