California Quitclaim Deed Form

A California quitclaim deed is a written document that a property owner (the grantor) signs to pass whatever interest they hold in real property to another person (the grantee). Most transfers of real property interests require a signed written instrument.[4] People mostly use this deed form with someone they trust, because it passes the property without any warranty. Download the free form below or use our Quitclaim Deed Form builder.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current California law. If you notice an error or outdated information, please contact us.

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Quitclaim Deed Laws and Requirements in California

A California quitclaim deed has to meet three rules from the state's codes. It is a written instrument signed by the owner or by an agent authorized in writing.[4] The person who signed it must acknowledge it before it can be recorded.[3] Once recorded, it gives later buyers and lenders legal notice of it.[2]

The mode of transferring real property is set by Sections 1091 to 1099 of the Cal. Civ. Code. The recording rules follow in Sections 1169 to 1220.[1]

Writing and signature

An estate in real property can be transferred only by operation of law or by a written instrument. The instrument is signed in one of two ways:

  • The person giving up the property signs it.
  • An agent signs it, and the agent's authority comes from a writing.[4]

The rule does not reach an estate at will or an estate for a term of one year or less.[4] The statute puts it this way:

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.
Cal. Civ. Code § 1091

The statutory deed form

Section 1092 of the Cal. Civ. Code gives a statutory form for a grant of an estate in real property. A deed may follow that form or use words to the same effect. Either way, it passes the estate or interest in the property that the grantor could lawfully convey.[1]

Acknowledgment

Under Section 27287 of the Cal. Gov. Code, before an instrument can be recorded, its execution must be acknowledged by the person executing it.[3]

Recording requirements

Recording is what puts a deed on the public record. A conveyance that is acknowledged or proved and certified, then recorded as the law prescribes, is constructive notice of its contents. The notice reaches later purchasers and mortgagees from the time the deed is filed with the recorder. In plain words, the law treats later buyers and lenders as knowing what the deed says.[2]

Keep a copy of the signed and acknowledged deed with your property records. A clear copy makes it easier to answer questions about the transfer later.

The transferee completes a Preliminary Change of Ownership Report and may file it with the deed. If it is not filed, the recorder may charge an extra recording fee (Section 480.3 of the Cal. Rev. and Tax. Code).[5]

A county, and some cities, may charge a documentary transfer tax when real property is sold for more than $100 (Section 11911 of the Cal. Rev. and Tax. Code). No tax applies under that section when the property is not sold.[6]


Steps to Complete the California Quitclaim Deed Form

The FormsPal quitclaim deed form for this state runs five pages, and page 3 is blank. Work through the parts below in the order they appear on the form. If you downloaded the PDF, you can fill it in on screen with our PDF editor, or print it and write by hand.

  1. Prepared By and After Recording Return To (page 1). Write who prepared the deed and where the recorded deed should be mailed. Leave the box marked Space Above This Line for Recorder's Use empty.
  2. Tax Parcel Number (page 1). Write the property's tax parcel number on the line under the recorder's space. The county assessor's office can usually supply the number.
  3. Date and consideration (page 1). Fill in the day, month and year after THIS. Then tick the box for valuable consideration and write the amount in dollars, or tick the box for a gift with no cash consideration.
  4. Grantor (page 1). Write the full name of each grantor on the two name lines. Then write the grantor's address on the line that begins whose address is.
  5. Grantee (page 1). Write the full name of each grantee after the word unto. Then write the grantee's address on the line that follows.
  6. Property description (pages 1 and 2). Enter the county and state where the property sits and complete the known as line. On page 2, repeat the parcel number on the Parcel Id line. The form says the legal description is set out on Exhibit A, so prepare that exhibit separately and attach it. Copy the legal description from your current deed.
  7. No-warranty and subject-to paragraphs (page 2). There is nothing to fill in here, so read both paragraphs. They say the property passes without any warranty, including any warranty about title. They also say it passes subject to easements, liens and other matters, whether recorded or not.
  8. Grantor signature block (page 4). The grantor signs on the Grantor line. Complete the By, Printed Name and Title lines in the block as the form asks, and use the second block for a second grantor. Each block also has two Witness lines.
  9. Notary acknowledgments (page 5). Page 5 holds one acknowledgment block for each grantor. Take the signed deed to a notary public, who fills in State, County, the date, the signer's name, Notary Public and My commission expires.

Once the deed is signed and acknowledged, see the recording rules above. The deed is recorded by the county recorder of the county where the property is located (Section 1169 of the Cal. Civ. Code). Ask that office what else it wants to see with the deed.[7]

Common Uses of a Quitclaim Deed in California

A quitclaim deed fits cases where ownership transfers between people who already trust each other. The grantor passes only the interest they hold, and page 2 of the form says the property passes without any warranty. The grantee takes the property as it stands, with any easements or liens that go with it. For that reason this deed suits a simple transfer inside the family.

People commonly use a quitclaim deed to:

  • Give a home or land to a child or another family member as a gift.
  • Add a spouse or an additional co-owner to the title.
  • Move property from one spouse to the other. Our California interspousal deed is a separate form for that case.
  • Transfer title to a family trust.

If you need a different type of deed, compare the California grant deed or the transfer-on-death deed.

Frequently Asked Questions

These answers help you understand the signing, acknowledgment and recording questions that come up most when someone prepares a quitclaim deed. Each answer follows the legal sections listed in the Sources section at the end of this page.

What is a Quitclaim Deed in California?

A quitclaim deed is a written document in which a grantor passes whatever interest they hold in real property to a grantee. In California, an estate in real property can be transferred only by operation of law or by a written instrument. The owner signs it, or an agent authorized in writing signs for the owner.[4]

Who must sign a California quitclaim deed?

The instrument is signed by the party giving up the property, or by an agent:

  • The owner who gives up the property, the grantor, signs the deed.
  • An agent may sign for the owner, but only if the agent's authority is in writing.[4]

Before the deed can be recorded, its execution must also be acknowledged by the person executing it.[3]

What does recording a California quitclaim deed do?

Recording files the deed with the county recorder. A deed that is acknowledged or proved and certified, then recorded as the law prescribes, is constructive notice of its contents to later purchasers and mortgagees.[2]

General information, not legal or tax advice.

Sources

  1. California Legislative Information. California Civil Code Cal. Civ. Code 1092.
  2. California Legislative Information. California Civil Code Cal. Civ. Code 1213.
  3. California Legislative Information. Cal. Gov. Code 27287.
  4. California Legislative Information. California Civil Code § 1091.
  5. California Legislative Information. California Revenue and Taxation Code § 480.3.
  6. California Legislative Information. California Revenue and Taxation Code § 11911.
  7. California Legislative Information. California Civil Code § 1169.
Published: Apr 7, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.