Legal Question in Real Estate Law in California

Re: non recorded quit deed

A quitclaim deed, if properly executed before a notary, is a legal document. However, for any third party to know of the change of title, it should be recorded ASAP.

Re: non recorded quit deed

Heck, a deed doesn't even have to be notarized to be legal!

The basic requirements of a legally-valid deed, whether it be a grant deed or a quitclaim deed, are an identified transferor, an identified transferee, identified property, words indicating an intent to transfer an interest in the described property, signature of the transferor, and delivery of the deed to the transferee or his/her agent.

(I use the words "transferor" and "transferee" instead of the more-common "grantor" and "grantee" because with a quitclaim deed there isn't a true grant in the technical sense, only a relinquishment of claim.)

Unrecorded deeds are valid between the transferor, the transferee, and anyone with actual or constructive notice of the deed.

Now, since recording a deed is "notice to the world" of the existence of the deed and what it says, recorded deeds are MUCH preferred to keep property ownership clear and free from adverse claims, confusion and doubt. And, in order to be recorded, a deed must be notarized.

However, in answer to the question as to whether an unrecorded deed has legal effect - absolutely!