Deeds and Other Title Documents in California – Part 1

First in a series on Deeds (From CALDA, California Association of Legal Document Assistants)

This series will help you understand about California deeds, including the different types of deeds and available options, when transferring real property interests. We will try to answer many of the most frequently asked questions about assignments of title in California, provide a basic understanding of simple terminology relating to real property, and explain the function of the most common deeds utilized by California real property owners.

Grant Deed

The most commonly used type of deed, a Grant Deed, is a written instrument by which title to, or an interest in, real property is transferred from one person or legal entity (grantor) to another (grantee). A Grant Deed does not guarantee or warrant a good title in the grantor, although it does imply an absence of encumbrances on the estate conveyed. The term “encumbrances” includes taxes, assessments and all liens on real property; therefore, the accurate listing of all current encumbrances is a necessary protection for both parties, if the property is so encumbered.

Quitclaim Deed

There is no warranty or implied covenants as to the title or as to the freedom from encumbrances. The Quitclaim Deed uses wording such as “...do hereby remise, release and forever quitclaim to...,” rather than the unqualified “grant(s)” as used in the Grant Deed. The Quitclaim Deed is often used to clear a “cloud on the title,” or to relinquish a possible legal interest held by the grantor. Make certain this is the right deed for what it is you wish to accomplish.

Interspousal Transfer Deed

This deed transfers an interest in real property between a husband and wife only (and former spouses). Interspousal Transfer Deeds are usually used in conjunction with the dissolution of a marriage, or upon marriage, or when adding a new spouse to one’s title. This deed contains language regarding interspousal transfers under the Revenue and Taxation Code, and exclusion from reappraisal under Proposition 13.

Trust Transfer Deed

This deed is used to transfer property to a revocable trust; a short-term trust not exceeding twelve years; a trust where the trustor, or the trustor’s spouse, is the sole beneficiary; a change to the trustee holding title, or a transfer from trust to trustor, or trustor’s spouse, where the prior transfer to the trust was excluded from reappraisal and for a valuable consideration. This deed should also contain language citing the Revenue and Taxation Code, and exclusion from reappraisal under Proposition 13.

Charlotte L. Ruse is a Kern County registered and bonded Legal Document Assistant (LDA), serving Kern County for 12 years by providing affordable self-help legal document preparation and Notary Public services. Kern County LDA #95 EXP. 10-1-17. I am not an attorney. I can only provide self-help services at your specific direction.