The CALIFORNIA QUITCLAIM DEED is a valid document used to transfer real estate located in the state of California from one property owner to another. This unique instrument is used to satisfy the strict regulations of the state of California and the various county procedures involved with recording documents.
Most people know that deeds are used when a transfer of ownership of real property takes place. For example, you sell your house, condo, farm or some other piece of real estate and title needs to be passed to the new owner. In a situation like this the buyer would want to be sure that there are no liens or title issues involved, so typically a Warranty Deed is used.
However, there are many other types of situations that arise which may need to be addressed in which a "Warranty Deed" would not be applicable. For example, a minor defect in the title may need to be corrected. Let's say that the title of a particular piece of property shows "James L Person" as the owner. Somehow, when the title was recorded the middle initial was copied wrong and should actually have been a "D". The title would have to be corrected to avoid any future repercussions over such a small blemish. What must be done is to transfer ownership from "James L Person" to James D Person.
A common use for the California Quitclaim Deed could be the divorce of a couple where one of the spouses is awarded sole ownership of their property. In this case, one of the spouses name would have to be removed from the title. Another example, may be the death of one spouse which would necessitate the removal of the deceased spouse's name and only show the name of the remaining spouse.
Let's say that a married couple owns a piece of property containing both of their names on the title. Their attorney suggests that the couple form a Living Trust and should hold all of their property under the name of their new Trust. They would need to transfer title of the property from their names to the name of the new "Living Trust."
There are many other situations in which property needs to be transferred other than those already mentioned or the traditional sale. If the property in question is located within the state of California, our California Quitclaim Deed could be used for a quick fix to transfer title.
Keep in mind that a quitclaim deed does not guarantee or warrant anything. It merely states that a person or entity no longer has a claim to the property. As within our example above a quitclaim deed may be used to clear a cloud to the title. A "cloud to the title." is some minor defect which needs to be removed or replaced in order to perfect the title.