Legal Question in Real Estate Law in California

Re: Quick Claim Deed Advice

No one, especially a responsible lawyer, should try to tell you how to fill out a deed form by long distance. Proper advice requires a lot of information about your transaction, including:

(1) An accurate legal description of the property to be conveyed;

(2) An understanding of the reason for the conveyance, including knowing what (if anything) is given in exchange (money);

(3) Whether the grantor(s) and grantee(s) are single or married, and if the latter, whether it is community or separate property;

(4) If there are multiple grantees, whether the property is to be held in joint tenancy, as tenants in common, or possibly some other way;

(5) Whether the transaction qualifies for exemption from transfer tax and/or reappraisal due to the relationship of the grantor and grantee, or otherwise; and

(6) I personally like to understand the parties' reason for doing the transaction. Too often, I find folks making serious financial planning mistakes with quitclaim deeds - some are trying do-it-yourself estate planning, some are trying to hide assets from creditors, some are making gifts that they'll regret later on, and so forth. Often there is a better (less taxes, less fraudulent, etc.) way to accomplish their goals.

Having said that, if you really want to go ahead with this project without a lawyer's advice, I suggest using a title company to draw up the deed and related papers. The clerks at the county recorder's office can perhaps assist with BOE forms, but they aren't really supposed to give legal advice.

Re: Quick Claim Deed Advice

I would agree with Mr. Whipple. If you do not spend the relatively small amount of money it would cost to have this done properly (i.e., by an attorney or title company), it will, undoubtedly, cost you far more money in the long run to fix any mistake that might be made.