Monday, January 15, 2007

Quick Claim Deed or Quitclaim Deed?

Question: I live in California. What is a quick claim deed?

Answer: There is no such thing as a "quick claim" deed in California. The actual name is "quitclaim" and it basically means that the grantor is giving up his or her claim, if any, in the property to someone else.

In California, most deeds will fall into one of two classifications: (1) the grant deed; and (2) the quitclaim deed. The grantor of a grant deed is basically stating that he or she has good title to the property described in the deed. A grantor using a quitclaim deed is basically surrendering whatever interest he or she might have in the property without any type of guarantee that he or she even has an interest in the property.

Quitclaim deeds are often used when the seller is not sure of his or her exact interest in the property. Grant deeds are used when the seller is confident of his or claim claim to title. Title companies generally will not insure title on a home purchase unless a grant deed is used. Grant deeds are sometimes called warranty deeds in other states.

About the Author
Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning and debt collection.


Anonymous said...

I live in San Diego, If I sign a quit claim for my residence to my wife will it protect it from lien action from commercial realestate lease from a failed business?\

Anonymous said...

I was wondering almost the exact same thing...but up in Los Angeles area and the quit claim was going to be to my parents. Is this possible?


Brad said...

Where do I go to find out if a Quitclaim Deed has been filed here in San Diego? Thanks.