![]() ![]() Before signing over any property interests in a family law proceeding, consult with an experienced divorce attorney in California. This includes the possibility that any liens and debts on the property will be transferred from the grantor (the spouse signing over his or her interest in the property) to the grantee (the spouse receiving the interest). Signing a Quitclaim Deed in a DivorceĪ quitclaim deed is the fastest way to transfer interest from one spouse to the other as part of property division in a divorce. Grant deeds are the standard instrument used to transfer title to real property. These guarantees, known as implied covenants, provide more security for buyers. For this reason, quitclaim deeds are often used between spouses or family members to cure title defects or eliminate potential claims against the property.īy contrast, a grant deed requires that the interest has not already been conveyed to someone else and that the interest is free of encumbrances. The transferee also has no legal recourse against the transferor. Importantly, a quitclaim deed is defined as transferring the “interest that the grantor has at the time the deed was executed and delivered.” This means that if the transferor quitclaims a supposed interest in a property to the transferee, but does not actually have an interest in the property, then the transferee also does not have an interest in the property. Miller & Starr, Quitclaim Deeds-In general, 3 Cal. With these narrow exceptions, a quitclaim deed ordinarily does not convey any after-acquired title received by the grantor subsequent to the quitclaim deed. It may convey an equitable title that can be perfected into legal title in some instances, or it may be construed as also including additional language of covenant or warranty. ![]() A quitclaim deed only transfers whatever interest the grantor had in the described property at the time the conveyance was made. It is a valid instrument even though the grantor does not have any possessory estate or present right to occupy the property. It is often used to release all of the interest that the grantor may have or claim to have in the property described at the time of the deed. “A quitclaim deed does not contain any implied covenant or warranty of title, freedom from encumbrances, or the grantor’s right of possession. Silva (1942) 49 Cal.App.2d 476, 478 In other words, a quitclaim deed gives not guarantee as to the condition of the title. The major distinction is that a “quitclaim deed transfers whatever present right or interest the grantor has in the property.” City of Manhattan Beach v. (4th ed.) § 8:13 A Quitclaim Deed Transfers the Present Interests of the Grantor When the quitclaim deed conveys the right, title, and interest of a beneficiary of deed of trust to the trustor, the effect is not limited to the reconveyance of the lien of the deed of trust, but includes any interest the grantor presently has in the property described as conveyed.” Miller & Starr, Quitclaim Deeds-In general, 3 Cal. Thus, if the grantor has the fee title to the property conveyed, the quitclaim deed conveys the fee title. It transfers whatever interest the grantor may have in the property, whether legal or equitable, and is as effective as any other form of conveyance to transfer the grantor’s title to the grantee. Miller and Starr, the leading secondary source on California real estate, defines a quitclaim deed as one that: “transfers to the grantee all of the right, title, and interest that the grantor had at the time the deed was executed and delivered which are capable of being conveyed by a deed. ![]() Contact a Real Estate Litigation Attorney What is a Quitclaim Deed?Ī quitclaim deed is an instrument used in real estate transactions that transfers an interest in real property without warranty of title. ![]()
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