Legal Question in Real Estate Law in California

Re: Quickclaim Deed

First, it's "quitclaim," not quickclaim. This will help understand what one is. The person who executes (signs) a quitclaim deed "quits" claiming any interest in the property described in the deed.

In California (and elsewhere too), there are two main types of deed used to transfer property: the grant deed and the quitclaim deed.

A grant deed, sometimes called a warranty deed, carries with it a group of warranties relating to the quality of title the maker of the deed has and is able to convey. If it later turns out the maker of a grant deed didn't own the interest the deed appears to convey, the buyer (grantee) can sue the seller (maker, grantor) for breach of the warranties.

With a quitclaim, on the other hand, the maker of the deed (i.e., the grantor) makes no warranty whatsoever that (s)he has any interest in the property, and indeed many times it is understood between the parties that the grantor has no interest, the purpose of the deed being only to display that fact on the public records through the recording process.

Nevertheless, a quitclaim deed is perfectly effective to transfer whatever interest the grantor in fact does have. For example, if I own 10% of the Brooklyn Bridge and I give you a quitclaim deed for a 50% interest in it, you now own my 10% but you can't sue me for the remaining 40% (absent some additional fraud) because my quitclaim deed doesn't imply that I own any interest in the bridge.

Re: Quickclaim Deed

A document signed by someone who transfers all of their interest, what ever that maybe, in and to a piece of real property from one person, themselves to another (others). That means you transfer all of your interest to one or more people, in equal amounts for in different amounts however wish it to be allocated. The document is called a quit claim deed because you quit claim it to the other person (S).

Re: Quickclaim Deed

Quitclaim Deed: a real property deed which transfers (conveys) only that interest in the property in which the grantor (seller) has title. Commonly used in transfers of title or interests in title, quitclaims are often made to family members, divorcing spouses, or in other transactions between people well-known to each other. Quitclaim deeds are also used to clear up questions of full title when a person has a possible but unknown claim or interest in the property. Grant deeds and warranty deeds guarantee (warrant) that the grantor has full title to the property or the interest the deed states is being conveyed, but quitclaim deeds do not warrant good title.

If you need assistance in preparing a Quit Claim Deed, please feel free to contact our office at (626) 578-0708 or online at www.No-Probate.com