Legal Question in Real Estate Law in California

Re: quit claim deed

Well, there is probably something you need to do with the quitclaim deed, but not what your question asks.

What someone receives a deed of any kind - quitclaim deed, grant deed, warranty deed, etc. - their next step, ordinarily, is to cause the deed to be recorded with the county recorder of the county in which the property is situated. In order to be recorded, the deed must be notarized (acknowledged).

One cannot add names to earlier deeds, whether the earlier deed is one executed and delivered to the current grantor a month ago, or a grant from the King of Spain in the 17th Century. Deeds are like checks, once cashed, the check is of little further value except as a record of a completed transaction, and names can't be added to them with any legal effect. Similarly, once a deed is executed, delivered and recorded, it's pretty much just a piece of paper without further legal significance. I've lost my paper deeds to several pieces of real estate I own, but that will have no effect whatsoever on my, or my heirs' ability to sell them. However, "title" is another thing. Title is conceptually more like "bank account" because money can be added to, or taken from, an account, and somewhat similarly, owners can be added to, or taken off, title at any time.

So, what you need to do is get your deed recorded. That will cause your ownership interest under the deed to be reflected in the permanent public records, and is notice to the world of the contents of the deed you recorded. An unrecorded deed is valid between the parties to the deed, and anyone with notice of its existence and contents, but not valid against claims from innocent third parties who might acquire a conflicting interest without notice of the deed.

As you probably know, the maker of a quitclaim deed is only surrendering his interest, if any, in the property described in the deed, and does not in any way, shape or form warrant or guarantee that he in fact has any interest to convey.