Deed Without Warranty Vs Quitclaim Deed In Los Angeles
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FAQ
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.
Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property, if any. The grantor only “remises, releases, and quitclaims” their interest in the property to the grantee. There are no warranties or promises regarding the quality of 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.
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.
Property Deed Types at a Glance Deed TypeLevel of Protection General Warranty Deed Highest Special Warranty Deed Moderate Quitclaim Deed Lowest Special Purpose Deeds Varies
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.
A grant deed is a document most commonly used in California to transfer title to real property.
There are many uses for a quitclaim deed, but one of the most common is to convey ownership between people who are related, like spouses, parents or other family members.
Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.
In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing. A trust deed or deed of trust is never used to transfer ownership (not even to a trust).
