Frequently asked questions.
Deeds in California Real Estate
What is a deed?
A deed is a legal document that transfers ownership of real estate from one party to another. It serves as proof of ownership and includes key details such as the names of the grantor (seller) and grantee (buyer), a description of the property, and the grantor’s signature.
What are the common types of deeds in California?
The most common types of deeds in California include:
• Grant Deed: Transfers ownership and guarantees that the property is free of undisclosed claims.
• Quitclaim Deed: Transfers any ownership interest the grantor may have but offers no guarantees or warranties.
• Warranty Deed: Provides the strongest protection, ensuring the grantor has clear ownership and the legal right to transfer the property (less common in California).
What is the difference between a grant deed and a quitclaim deed?
A grant deed guarantees that the property is free of undisclosed claims and that the grantor has the right to transfer ownership. A quitclaim deed transfers any interest the grantor may have without guarantees or warranties, offering less protection for the grantee.
When is a quitclaim deed typically used?
Quitclaim deeds are commonly used in non-sale situations, such as transferring property between family members, adding or removing someone from the title, or resolving ownership disputes.
Do deeds need to be notarized in California?
Yes, deeds must be signed in front of a notary public to be legally binding. After notarization, the deed should be recorded with the county recorder’s office where the property is located to establish public record ownership.
Can a deed be changed after it’s recorded?
Once a deed is recorded, changes cannot be made. If corrections are needed, a new deed must be prepared, signed, notarized, and recorded.
How do I know if my deed is valid?
A valid deed must:
• Identify the grantor and grantee
• Clearly describe the property
• Be signed by the grantor
• Be notarized and recorded with the county recorder’s office.
Don’t risk costly mistakes.
Work with a trusted California real estate attorney to ensure your deed is properly drafted, executed, and recorded. Schedule your consultation today!