Legal Question in Real Estate Law in California

Re: quit claim deed

First, I'd recommend that you get advice from a tax person (accountant or attorney) or an estate planning advisor about possible unfavorable tax aspects of passing interests in real property from generation to generation by gift rather than by inheritance or living trust.

If you decide to go ahead anyway, you might consider whether the kids will want title insurance (necessary if they are going to refinance upon obtaining full ownership), in which case you could ask the title company to prepare the quitclaim deed for you, eliminating the possibility of mistakes. The title company probably wouldn't do it for free unless they were going to sell insurance too.

If you have to do it yourself, buy or print out a California-oriented quitclaim deed form, and fill it out carefully. There needs to be a granting clause, such as "I, Jane Doe, hereby remise, release and forever quitclaim unto...." and then what is called a "habendum" clause, legal Latin for "to hold," which would read something like "....all my right, title and interest in the property known as 123 Church Street, Rialto, Riverside County, California, Assessor Parcel No. XXX-XXX-XXX, and legally described in Exhibit A attached hereto and incorporated herein." Then attach an Exhibit A containing the legal description of the property. Have it notarized and record it.

Avoid using the word "grant" because that would change the deed to a grant deed, improper when you only hold a part interest (unless you also made it clear that you were only deeding a part interest, which you'd have to describe). A quitclaim as described is effective and legal to transfer whatever right, title and interest you have, all the way from a full fee simple absolute to nothing at all.

If you acquired the interest you have under a different name, you should include a reference to your former name as shown on the official record, e.g., "I, Jane Doe, formerly known as Jane Adams, hereby....."

The most common mistakes in deeds drawn up by amateurs seem to be failure to describe the interest conveyed properly (here, not an issue, because you're quitclaiming and a proper description of the interest conveyed is unnecessary), and a missing or inaccurate legal description of the property. These are not the only possible mistakes, to be sure.