Legal Question in Real Estate Law in California

Re: quitclaim deed: CA resident for NV property

The transfer of the property in Nevada will have to comply with Nevada, not California law. You need to use a Nevada form, and check with the County Recorder's office for any other requirements they may impose, including fees, documentary transfer taxes, etc. . .

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Re: quitclaim deed: CA resident for NV property

There are a few minimum technical requirements for a quitclaim deed: the name of the grantor, the name of the grantee, a statement of the interest being quitclaimed, a legally-adequate description of the property, and the grantor's signature. If the deed is to be recorded, most states require that the grantor's signature be acknowledged (notarized). Therefore, a piece of paper with all this on it should suffice.

When the deed is presented for recording, the recorder will ask for some additional information, and the value of using a fill-in-the-blanks form that is appropriately laid out for the state of recordation (the state where the property is) is that there are spaces for supplying that additional information. For example, in California we have a recording fee that is based on the amount paid by a buyer, and which is waived for gift deeds, so California deeds have spaces to write in that information. Nevertheless, the California recorder must record anything that purports to be a deed, whether it is the easy-to-use familiar blank, or the parties have written out the deed on a paper napkin.

I don't know if Nevada works the same way, but my guess is the same principles apply there, too.

So, the bottom line is that it is better to use a form that's designed for the state where the property is situated, but probably not necessary.

A final thought: although I have used the terms "grantor" and "grantee" in writing this response, there is some thought in real estate law that these are not correct usages, because the term "grant" suggests a grant deed rather than a quitclaim, and a grant deed carries with it warranties that are not intended when the parties use a quitclaim deed. Still, I have never seen anyone use "quitclaimor" and "quitclaimee."