Legal Question in Real Estate Law in California

Re: Quit claim for California Property when other party is and resides in Canada

A deed does not have to be notarized to be valid. It does have to be notarized to be recorded at the county recorder's office. This is known as the acknowledgement. A deed does not have to be recorded to be valid either.

The problem is, your deed will be valid, but will not show up on any subsequent title searches, showing that the property has vested in you. This will affect the market value of your property, and raise the possibility of bond issues.

A California notary can only notarize documents within California. You are in Los Angeles County, and you should be able to have what is known as an all purpose notary for the acknowledgement. California Civil Code section 1189 subdivision (b) provides that "Any certificate of acknowledgement taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgement is made."

My recommendation is to contact the County Recorder's Office, to determine whether they would accept a Canadian notary. If they do, the problem is solved, assuming that your fugitive ex-husband goes and gets the notarization.

Very truly yours,