Legal Question in Real Estate Law in California

Re: quit claim

go to an escrow company

Re: quit claim

The best instruction is probably to go to the county recorder's office and look at recently-recorded examples.

You will notice that most of them are preprinted forms, where there are two, maybe three, areas of particular importance. The first is the legal description of the property. You need more that a street address (although that alone could be held sufficient in a court test). Be sure to copy the legal description 100% accurately from a prior deed or title insurance policy.

The second thing is the granting (or quitclaiming) clause, including the description of the interest conveyed and how it will be held by the grantee or grantees, if there be more than one grantee, e.g. "tenants in common" or "joint tenants." The deed probably should specify the marital status of the grantor and grantee.

A third item to consider is whether the quitclaim should specify a particular relationship of the parties, e.g. "interspousal" which may affect the transfer tax and potential for re-appraisal and higher property taxes.

Finally, as a real-estate lawyer I always wonder why parties are quitclaiming property without, or apparently without, retaining a lawyer. There are some valid reasons to do so, such as to facilitate a purchase or refinancing, or a bona-fide sale where questionable title is involved. On the other hand, many misguided or downright dumb quitclaim deals turn up in my practice. For example, people trying to avoid creditors, to make gifts better made by will or by living trust, unmarried couples deciding to share ownership of a house, etc. I strongly suggest that you see a lawyer about your purpose as well as the mechanics of execution. Real estate (and the taxes on it) involves a lot of money these days, so a brief consultation with a professional is a relative bargain.