Legal Question in Real Estate Law in California

I need to put one property on mine name.

I need to put a property on mine name because it is in others name, what document do i need? It is true that i have to make them to sign a quitclaim or it is other document?


Asked on 3/19/05, 6:12 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I need to put one property on mine name.

To transfer real property from one owner to another, some kind of deed is usually required (ownership can also pass in other ways, such as inheritance).

Deeds are of several kinds. The kinds most often used for ordinary person-to-person ownership changes are the quitclaim deed and the grant deed.

The main difference between the two is that a quitclaim deed merely says, "I, the grantor, hereby convey to you, the grantee, whatever title I may have in this property, whether it be good, bad, complete, partial or none." In other words, the grantor surrenders or "quits" his claim in favor of the grantee, but makes no guarantee that he had any title in the first place. Quitclaims are thus frequently used to clean up ownership when there is some uncertainty as to a possible owner's title.

A grant deed, on the other hand, contains an implied warranty that the grantor has good title to the interest described in the deed, and the grantor (seller) is liable to the grantee (buyer) for any defect in title that turns up.

So, either kind would work; a grant deed would be better for you because of the guarantee feature, but if you are sure the seller (grantor) has good title, a quitclaim will be effective to vest the grantor's title, such as it is, in you.

You have not explained the circumstances that cause you to have the right, and need, to be placed on title.....are you a buyer, or what?

Read more
Answered on 3/19/05, 6:45 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California