In California, as in other American states, people build legal relations regarding property rights by the laws. So, one of the legal documents regulating the right to transfer property from one person to another is the Quitclaim Deed.
As a rule, the California Quitclaim Deed is an official legal document regulating the transfer of property rights from one person to another. At the same time, this legal document does not guarantee that the former owner owns any property. It follows that if the previous owner owns only half of the property, this person may transfer only this part of the property to you and no more.
A characteristic feature of a quitclaim deed is the absence of any claims in unforeseen circumstances. The new owner does not have the right to file a lawsuit against the previous owner. For this reason, many people consider making a quitclaim deed a risky business.
Below is comprehensive information about these acts, as well as a step-by-step plan for completing them. Read the instructions carefully so that you may apply without any problems.
You can create a personalized California Quitclaim Deed Form using a specialized document builder that will get you through the process step by step:
You can also download a free California Quitclaim Deed Form template as a PDF file to fill and print it out yourself:
Quitclaim Deed Laws and Requirements in California
Although the California quitclaim deed is a document that requires more attention, people often use the act in the following situations:
- Transfer of real estate to a spouse or a family member
- Transfer of property to an ex-spouse following a divorce
- Transfer of ownership to a trust or business
- In case of expansion of the circle of owners
- If a person does not want to have the right of ownership anymore
When filling out this document, it is necessary to consider the specifics of the laws and requirements to submit the form to the District Office on time and quickly. Keep in mind that the person transferring the ownership right does not bear any responsibility in case of problems with the property.
In California, the primary legal tool is the California Civil Code (§ 1091 – 1099). According to the Civil Code, the document on the transfer of ownership rights must be in writing. At the same time, the owner who transfers the property to another person must sign the form. Also, an authorized agent may act on behalf of the owner, who must sign the document.
This Civil Code regulates issues related to the following aspects:
- Method of transfer of property
- The amount for the transfer of property
- Quitclaim deed registration requirements
After filling out the quitclaim deed, you must send all the documents to the County Recorder’s Office for registration. Moreover, the legal description of the property must include the appraiser’s plot number. You may request such a number from the Office of the District Appraiser.
California laws require notarization of the quitclaim deed. Therefore, take care of this issue in advance and do not postpone it until the last moment. Finally, another requirement is the payment of tax for the transfer of property and the provision of a completed BOE-502-A document with a quitclaim deed form.
Follow all these requirements and be sure to study the relevant laws. You have reviewed the information about the quitclaim deed, and now, read the step-by-step instructions for filling out this form.
How to File a Quitclaim Deed in California
If there are no tax benefits, transferring property from one person to another in California is simple, as is filing a quitclaim deed form. Primarily, you must fill out the relevant documents correctly and notarize the quitclaim deed. After, submit a preliminary report on the change of ownership and a tax document on time. In general, drawing up and registering a quitclaim deed form will not take too much time if you follow all the recommendations.
1. Download the California quitclaim deed form and the BOE-502-A
The first step is to download the necessary forms. Remember that such files must be in PDF format or Word format.
2. Ask the previous owner for a copy of the property form
When submitting a California quitclaim deed, you need the original document for the property. In general, the new owner can request a copy of such a document from the previous owner.
3. Visit the County Recorder
If the owner does not have a copy of the document, you may visit the County Recorder. In this office, you will be provided with the appropriate pieces of paper, taking a fee. As a rule, the fee varies from $ 1 to $ 12 for the first page and $ 1 to $ 3 for an additional one.
4. Read the legal description of the property
When filing the relevant documents, you will need a legal description of the transferred property. For this reason, find out this information in advance and read it.
As a rule, the legal description of the property has two types:
- The description of the subdivision (the name of the subdivision and the lot number)
- Description of bounds (object location)
If you do not understand legal issues and do not know how to submit this document, contact a lawyer for help.
5. Fill out the California quitclaim deed and Form BOE-502-A
Fill out the California quitclaim deed, specifying all the necessary information. Here is the main list of data:
- The appraiser’s parcel number
- Transfer tax document
- Personal data of the parties to the transaction
- The legal description of the property
According to the California Civil Code, fill out the BOE-502-A form. The design of these applications must comply with accepted standards (font, page format).
6. Notarize the document
The parties to the transaction must sign all the documents. Don’t forget to notarize the form.
7. Send all the completed documents to the County Recorder’s Office
The last final stage is the transfer of the completed forms to the District Office. Before submitting, be sure to find out the office opening hours to deliver the documents on time. Pay the specified amount of tax for the transfer of property.
Depending on the application form, there are different service fees in California. For instance, the entry fee will range from $ 6 to $ 21 for the first page and $ 3 for any additional page.
8. Give copies of the documents to the second person
Finally, transfer copies of the relevant documents to another person of the transaction. Keep all papers in a safe place.