Add Required Field Legal California Deed Forms For Free

A deed, as you know, is the legal document used by property owners to transfer their ownership of the property to a new owner. In California, the vast majority of property is transferred through one of two types of deeds: the grant deed – by far the most commonly used – and the quitclaim deed.

California mainly uses two types of deeds: the “grant deed” and the “quitclaim deed.” Most other deeds you will see, such as the common “interspousal transfer deed,” are versions of grant or quitclaim deeds customized for specific circumstances.

The California Civil code states that a contract may be rescinded if it “was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.” (Civ.

5th 120, 133.) To be valid, a deed must be: (1) in writing; (2) name the grantor or the grantor's agent; (3) signed by the grantor or their agent; and (4) delivered and accepted by the grantee. (Id.) A deed must be in writing.

Essential Elements for Deeds: Properly executed deeds must: (1) be in writing; (2) name the grantor and a grantee; (3) be signed by the grantor or the grantor's agent; (4) be delivered to the grantee; and (5) be accepted by the grantee. Cordano v. Wright (1911) 159 Cal.

Although different jurisdictions require different elements for a valid deed, the following elements are generally required: The names of the grantor and the grantee, and words of conveyance such as “grant, convey, assign, transfer, and give,” any of which demonstrate the grantor's intent to pass title to the grantee.

Simply put, Grant Deeds ensure that the true owner of a certain property or title has the legal right to convey their interest in the property, while a Quitclaim Deed does not have any such warranties or assurances. Quitclaim Deeds are commonly used in real property transactions involving family members or trusts.

DEEDS IN GENERAL It must be in writing; 2. The parties must be properly described; 3. The parties must be competent to convey and capable of receiving the grant of the property; 4. The property conveyed must be described so as to distinguish it from other parcels of real property.; 5.

Adding a family member to the deed as a joint owner for no consideration is considered a gift of 50% of the property's fair market value for tax purposes. If the value of the gift exceeds the annual exclusion limit ($16,000 for 2022) the donor will need to file a gift tax return (via Form 709) to report the transfer.