Warranty Deed Vs Quitclaim Deed Form California In Kings
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The Quitclaim Deed: The “quitclaim deed” is the worst type of deed because it conveys no warranty whatsoever that the seller's title is good title or that there are no encumbrances on the property.
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
The quitclaim deed is the lowest and least desirable form of deed. It does not carry with it any after-acquired title. The words of grant for a quitclaim deed, "remise, release, and quitclaim", imply no covenants or warranties of title.
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.
Get the forms from the county where the property is located. You can find the forms in the County Clerk's Office, Recorder's Office, or Assessor's Office.
Who prepares the quitclaim deed form? In divorce cases, a quitclaim deed is typically prepared by an attorney, a title company, or a real estate professional. Although the deed itself may seem straightforward, it's crucial to have it drafted correctly to avoid potential legal complications down the line.
Get the forms from the county where the property is located. You can find the forms in the County Clerk's Office, Recorder's Office, or Assessor's Office.
