Deed Without Warranty Vs Quitclaim Deed In California
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A quitclaim deed is a simple yet effective legal document that conveys property ownership from one person (the grantor) to another (the grantee) without any warranties or guarantees. It essentially allows you to “quit” your claim, or interest, on a property.
To transfer ownership, disclaim ownership, or add someone to title, you will choose between a “grant deed” and a “quitclaim deed.” Spouses/domestic partners transferring property between each other may choose an “interspousal deed.”
Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties. In contrast, warranty deeds are used for real estate sales and high-value transactions involving unrelated grantees. Grantee risks – With a quitclaim deed, all risks remain with the grantee.
Does a Quitclaim Deed Expire? A quitclaim deed does not expire because it permanently transfers ownership from one party to another. That being said, the new deed must be filed with the county clerk's office to record the official transfer. If the new deed is not recorded, it can create legal and financial challenges.
Primary Sources of Ownership Documentation Property Tax Statement: Tax statements are the best form of current proof of ownership, and in most cases, the easiest to obtain. Deed or official record: Original deed, warranty deed or deed of trust to the property.
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.
The grantor, representatives for the grantor, and anyone who may have received the property can contest a quitclaim deed. The process for contesting a quitclaim deed includes the following: Gathering evidence to support your claim. Following state laws and filing a legal challenge within the statute of limitations.
Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.
A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.
