WrenfieldEstate Law

Property transfers

What kind of deed do I need to transfer California property?

The recorded document is the transfer. Which form it takes, and what it says on its face, decides both what passes and how the assessor treats it.

The recorded document is the transfer. Everything else — the trust, the agreement, the intention, the conversation — is a description of one. Until a deed is signed, notarized and recorded with the county, title has not moved.

The forms you are most likely to meet

A grant deed. The ordinary instrument for transferring California real property. It carries two implied warranties: that the grantor has not already conveyed the property to someone else, and that there are no undisclosed encumbrances created by the grantor.

A quitclaim deed. Transfers whatever interest the signer happens to have, warranting nothing. Useful in narrow circumstances — clearing a cloud, a transfer between spouses in a dissolution — and frequently reached for when a grant deed was what the situation called for.

A trust transfer deed. A grant deed moving property into or out of a revocable trust, drafted so the exclusion from reassessment is apparent on its face.

What goes with the deed matters as much as the deed

A preliminary change of ownership report accompanies the recording. It is where the county is told what kind of transfer this is and whether an exclusion applies. A perfectly good deed recorded without the right statement invites a reassessment that a correct filing would have excluded outright.

The vesting language matters too. Community property with right of survivorship, joint tenants, and tenants in common produce genuinely different outcomes on a death, and the difference is a few words on the face of the document.

When a deed is recorded wrongly

It happens, and it is fixable — usually with a corrective deed, sometimes with a more involved filing depending on what went wrong and who has relied on it since. What makes it harder is time: an error found this year is a document, an error found after the owner has died is a problem for whoever is administering the estate.

The one piece of advice worth the most

Do not download a deed form. The paper is not the hard part. What passes, to whom, in what capacity, and what the county concludes about it are the hard part, and they are decided by choices made before anything is typed.

The work behind this

Deeds and retitling

The recorded document is the transfer. Everything else is a description of one.

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