Legal Question in Real Estate Law in California

quitclaim deed

My brother and I own our parents home 50/50. My brother signed a quit-claim deed over to me on Nov. 18, 2004, signed by a notarywhose commission expired May 2, 2007. I never recorded the quit claim deed, but now I would like to. Is this one still good, or would I have to have to get a new quit claim deed from my brother?


Asked on 2/09/08, 4:22 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: quitclaim deed

You acquired whatever title your brother had and quitclaimed the instant the deed was delivered to you. Recording is notice to all of the change of ownership, and is a practical necessity to keep the chain of title clear and free from interlopers or uncertainties, but is not a part of the change of ownership per se. When you figure the tax consequences of the transfer of title, keep in mind that the transfer occurred upon the delivery of the deed into your possession, not when it was signed, nor when it is recorded.

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Answered on 2/10/08, 1:45 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: quitclaim deed

If in CA, you can record it at any time. Usually, it's best to record it when obtained to put "the world" on notice of the new owners. However, you can do so now with the county recorder in the county where the property is located. Make sure to also fill out and submit a Preliminary Change of Ownership form, as well.

You also might want to talk to a tax advisor to determine whether there's a tax consequence arising from the transfer to you of your brother's interest in the property.

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Answered on 2/09/08, 4:34 pm


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