Property transfers go wrong quietly. A deed is signed, everyone moves on, and the defect only surfaces years later when the property is sold, refinanced or inherited, by which time the people who could have explained it are often unavailable.
You need an experienced attorney for real property transfers including Grant Deeds, Quit Claim Deeds and others. At The Law Offices of Alejo Lugo & Associates we have over 20 years of experience and understand the nuances and legal requirements of these documents. If you need help with any type of real estate transaction, contact us at (800) 497-0018 for a consultation.
Transfer of property in California
Whether you are buying or selling, you need an experienced attorney to ensure that all transfer of property documents are correctly executed. A simple mistake can lead to serious consequences. There are many types of transfer deeds used in California, including the following examples. If you are in need of deeds you do not see listed, please contact our offices for a consultation.
Grant Deeds
A Grant Deed is used to transfer real estate from one owner to another. It includes two guarantees:
- That the property has not been sold to another party.
- That the property title does not have restrictions other than those disclosed to the person receiving the property.
As is true of other Deeds, there are certain pieces of information that must be included in a Grant Deed in order for it to be legal. These include:
- Grant clause
- Name of the buyer
- Name of the seller
- Legal property description
- Signatures
An experienced attorney will ensure that all relevant and necessary pieces of information are included on a Grant Deed.
Quit Claim Deeds
Similar to Grant Deeds in that they are used to transfer real estate from one person or entity to another, a Quit Claim Deed includes no guarantee to the new owner expect that the previous owner is giving up their claim to the property. A Quit Claim Deed does not guarantee that the person giving up their claim to the property has a legal claim to the property.
Quit Claim Deeds are most often used when property is changing hands between two people who have a close relationship and feel confident that the issuing party has a legal stake in the property. Common situations in which a Quit Claim Deed will be created, signed, and recorded include:
- The owner of the property wants to add their spouse to the property.
- The owners of the property divorce and one of them wants to give up their claim to the property.
- Grandparents are gifting their property to their grandchildren.
- The property is being put into a family trust.
The same information required on a Grant Deed will also be required on a Quit Claim Deed:
There may be additional requirements, depending on the transaction, including the signature of a notary and the county in which the property was purchased.
There are many other types of Deeds in California
The state of California has many other types of deeds that may be relevant to a given situation. When you work with a real estate attorney, we can assure that the correct deeds are used and that they are executed and recorded properly. Additional types of deeds include:
- Interspousal Transfer Deeds.
- Domestic Partner Transfer Deeds.
- Transfer on Death Deeds.
- Trust Transfer Deed.
- Warranty Deed.
- Trust Deed / Deed of Trust.
- Affidavit Death of Joint Trust.
- Mobile Home Transfer.
If you are ready to talk to an attorney about your options then we urge you to contact The Law Offices of Alejo Lugo & Associates at (800) 497-0018 now for a consultation.