Laws of Real Estate Quitclaim Deeds

Oct - 19
2019

Laws of Real Estate Quitclaim Deeds

Deeds are written tools that communicate and specify real estate title, and California Code defines simple forms for use as actions. One such deed is a quitclaim, which can be a frequent means to transfer ownership of a property from two people to one of them. They are sometimes mistakenly called”quick claim deeds” Each state has its own prerequisites for quitclaims, but each quitclaim deed shares five standard characteristics which make it a legally binding document.

Definition

Assuming it has been properly completed and filed, a quitclaim deed is a legal document which transfers total ownership rights to a sole proprietor in a property which was formerly co-owned. It’s simple enough that its completion and filing don’t require the help of an attorney. Standard quitclaim forms for use in California could be procured on the internet or at many office superstores.

Written Instrument

Even though self-improvement, a quitclaim deed must be a written tool so as to be legal. California does not take a deed in electronic form (even as a scan of a written document), nor as a videotaped documentation. Furthermore, the signatures appearing on the record must be in blue ink, which can be further proof that the record is an original instead of a photocopy.

Property Identification

The deed must contain a description of the property. Unless stated otherwise, it is assumed in California the whole property will communicate. Also, check with the local county recorder’s office for what info pleases the county’s demand for”description” In certain counties, the physical address is adequate. In the others, the description must be word-for-word the description included on the house’s property deed. Some counties also require the lot of the property as part of its description. The lot number can be seen at the county’s plat book, located in the county recorder’s office.

Names of Parties

The names of every property co-owner must appear, together with the address(es) where every resides. The party relinquishing ownership is designated as the”grantor” and the party receiving complete ownership is designated as the”grantee.” The law claims that the grantor be named, but will assume that the man who signed the record as the grantee is, in reality, that the grantee. But most county recorder offices in California won’t accept the deed for filing in the first place if the grantee’s name and address does not appear in printed form.

Intent to Convey

The deed must contain a statement announcing an”intent to communicate” the property in question. The standard California quitclaim deed includes for this purpose that the term”hereby remise(s), discharge (s) and forever quitclaim(s)…”

Signature

The signature of both the grantor and grantee must appear on the record in order for the record to be valid. Both signatures must also be notarized.

Contesting A Quitclaim Deed

Contesting the validity of a quitclaim deed must prove that among the stipulations described above is invalid, the deed was registered under false pretenses (e.g., the grantor’s signature was forged) or the grantor signed the deed under duress. Not knowing consequences or the ramifications of filing the deed is cause.

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