Legal Question in Real Estate Law in California
Quit Claim Deed
My mother wants to sign over a home to me but she currently lives outside the country. Can I still use a quit claim deed? Can she use a notary service from a different country?
1 Answer from Attorneys
Re: Quit Claim Deed
Yes to both. The subject of notarization outside country is covered by Civil Code section 1183 and you should look it up to get a complete listing of the officials that can provide acknowlegments of signatures. In particular, note that a foreign notary must affix an "apostille" (certification) in a form complying with the Hague Convention re foreign public documents. The foreign notary should be familiar with how to use the apostille.
Before transferring property from generation to generation, the family should obtain professional advice on taxes in all countries involved, because passing property by will or trust usually saves buckets of money versus making a gift of it during the older family member's lifetime.
Whether you use a quitclaim or grant deed is not material; either can be used from overseas.