A quitclaim deed is a legal document that lets one person give away their ownership rights to property to another person. The key thing about a quitclaim deed is that the person giving the property (called the grantor) does not promise anything about whether they actually own it or whether it has problems attached to it. According to Civil Code Section 1092, a quitclaim deed transfers “whatever interest” the grantor has—which could be everything, something, or nothing at all.
In San Diego County, about 30% of residential property transfers use quitclaim deeds instead of other types of deeds. This happens because quitclaim deeds are fast, simple, and cheap. But they carry big risks. If you accept a quitclaim deed and later find hidden debts, liens, or title problems attached to the property, you have little legal protection. Understanding these requirements now saves you from expensive headaches later.
What You’ll Learn in This Article
📋 How a quitclaim deed works and when to use one — Understand the basic mechanics and spot the right situations for this type of transfer
🏠 San Diego County’s exact recording requirements and fees — Get the step-by-step process with no surprises when you visit the recorder’s office
🚨 Common mistakes that destroy your ownership rights — Learn what errors get deeds rejected and how to avoid losing your property
💰 Tax consequences and property tax traps — Discover how Proposition 13 and Proposition 19 affect your taxes and savings
⚖️ Your legal protection gaps and title insurance issues — Find out why quitclaim deeds leave you exposed and how to protect yourself
Core Issue: The Warranty Problem
The biggest problem with a quitclaim deed is what it doesn’t say. When you get a quitclaim deed, the person giving you the property makes zero promises. They don’t promise they actually own it. They don’t promise it’s free from liens, judgments, or debt. They don’t promise they have the right to give it to you. They promise nothing. This creates direct negative consequences. If someone else shows up with a claim to the property, if a bank has a lien on it, or if taxes are owed, you become responsible.
The person who gave it to you cannot be held liable because they made no warranties. Compare this to a grant deed, which carries implicit promises about the title. A grantor of a grant deed can be sued if title problems appear. A grantor of a quitclaim deed cannot.
Understanding the Difference Between Deed Types
The type of deed you use shapes your protection level and legal recourse. These are not the same.
| Deed Type | What It Provides |
|---|---|
| Grant Deed | Implicit promises that property is free from grantor-created encumbrances, and grantee can sue if problems appear |
| Quitclaim Deed | Zero warranties or promises, no legal recourse against grantor for any title problems |
| Warranty Deed | Full promises covering all defects past and present, maximum legal recovery if title issues exist |
A grant deed sits between a quitclaim deed and a warranty deed. The grantor warrants they haven’t created title problems while they owned it, but they don’t warrant against problems created by previous owners. This middle ground protects you more than a quitclaim but less than a full warranty deed.
How Federal and California Law Govern Quitclaim Deeds
Federal law sets basic rules for property transfers. Under federal law on transfers, transfers between spouses or due to divorce cannot trigger a “due-on-sale” clause in mortgages. This means if a husband transfers property to a wife via quitclaim deed, the lender cannot demand the entire loan be paid immediately just because the title changed.
California law adds more specific rules. Government Code Section 27201 requires that all quitclaim deeds be notarized before recording. Government Code Section 27297.7 requires the deed to include the Assessor Parcel Number (APN). Civil Code Section 1169 requires the property be located in the county where it will be recorded.
These state rules exist because property ownership affects taxes, courts, and creditor rights. Without them, people could claim ownership of property they never touched, creating chaos in the system.
San Diego County Recording Requirements: What You Must Include
Before taking your quitclaim deed to the San Diego County Recorder’s Office, it must contain specific information or it gets rejected.
The San Diego County Recorder requires the grantor’s full legal name exactly as it appears on the current deed. If your name is “Robert James Smith” but you sign as “Bob Smith,” the recorder may reject it. The grantee’s full legal name must also match how you want the deed recorded. This matters for future sales—your chain of title (the history of who owned the property) must link perfectly.
The legal description must be complete and accurate. Don’t use the street address alone. You need the full legal description from your current deed or from the county assessor’s office. This describes the property by lot, block, and tract number. It pinpoints exactly which piece of land you’re transferring. If you copy it wrong, the entire deed is legally questionable.
The Assessor Parcel Number (APN) is required. You find this on your property tax bill or by calling the San Diego County Assessor’s Office at (619) 236-2681. The APN looks like “348-120-1200” and acts as a permanent identifier for your property.
The document must state that it’s a quitclaim deed and clearly show the grantor’s intent to transfer their interest. Standard language says something like: “Grantor hereby remise, release and forever quitclaim to Grantee all of Grantor’s right, title and interest in the property.” You cannot be vague about this.
Original signatures are required—no photocopies. Only the grantor signs (the person giving away the property). If married and the property is community property, both spouses must sign. California Family Code Section 852 creates specific rules for married people transferring community property. If you’re transferring separate property (property you owned before marriage or inherited), you may not need your spouse’s signature, but verify this with an attorney.
The deed must include “Recording Requested By” information—the name and address of the person who should get the document back after it’s recorded. This is usually the grantor. The deed must also include where to mail a copy, including the complete address with zip code.
Notarization: Getting It Right the First Time
Your quitclaim deed is worthless without proper notarization. A notary public is a person licensed by the state to verify signatures. They verify that the person signing is really who they claim to be and that they understand what they’re signing.
Here’s what must happen: You bring the unsigned deed to the notary along with valid government-issued photo identification (a driver’s license, passport, or state ID card). The notary checks your ID, confirms it matches the signature on the deed, and watches you sign. The notary then applies their seal, signs the acknowledgment, and dates it. The notary’s commission expiration date must also appear.
Mistakes during notarization create rejected deeds. If the notary’s seal is blurry or upside down, the county recorder rejects it. If the notary’s signature is illegible, it gets rejected. If the acknowledgment language doesn’t follow California’s exact approved wording, it may be rejected. If the notary is not currently commissioned (their commission has expired), the notarization is invalid. California notary commissions last four years, so check that the expiration date on the seal hasn’t passed.
One common error: people notarize a quitclaim deed but then never record it. The notarization expires in value because the whole point is public notice. Another error: people get the deed notarized but misspell a name or the legal description. The notarization is fine, but the deed itself is defective, so recording fails.
A notary cannot charge more than $15 per signature in California, but they can charge for travel time if they come to you. Using a roaming notary online costs more but saves time.
San Diego County Recording Process and Fees
The San Diego County Recorder’s Office has three physical locations where you can record documents in person:
- County Administration Center, 1600 Pacific Highway, Suite 260, San Diego, CA 92101
- El Cajon Branch, 200 S. Magnolia Ave, El Cajon, CA 92020
- San Marcos Branch, 141 East Carmel St., San Marcos, CA 92078
You can also mail documents to: San Diego County Assessor/Recorder/Clerk, P.O. Box 121750, San Diego, California 92112-1750. Mailed documents take 2-4 weeks to return.
Recording fees in San Diego are $75 for the first page of a quitclaim deed, plus additional fees for extra pages. The maximum fee per single transaction is $225. This means whether you’re recording one deed or ten deeds in one transaction, the fee caps at $225 for that single transaction.
You must also pay the Documentary Transfer Tax at the time of recording. This tax applies to all transfers where the property value exceeds $100. The rate is $0.55 for every $500 of value (or a fraction of $500). Here’s how to calculate it: If the property is worth $150,000, you divide $150,000 by $500, which equals 300. Multiply 300 by $0.55, which equals $165 in documentary transfer tax. If the property is worth $150,300, you round up to $150,500, then calculate again. This tax goes to the county.
Some transfers qualify for exemptions. Gifts between spouses have zero documentary transfer tax. Transfers due to death have zero documentary transfer tax. Transfers to your own revocable living trust have zero documentary transfer tax if the same person remains the beneficial owner. Transfers from a trust to a beneficiary after the grantor’s death have zero documentary transfer tax. These exemptions exist because these transfers don’t trigger a “change of ownership” under state law.
You must complete a Preliminary Change of Ownership Report (Form BOE-502-A). This form tells the county assessor about the transfer. If you don’t file this form, the recorder will charge an additional $20 fee and may reject your document. The form asks for the old owner’s name, the new owner’s name, the transfer date, the transfer value, and whether any exemptions apply. You get this form from the county assessor’s office or from the recorder’s website.
Three Real-World Scenarios: What Happens in Practice
Scenario 1: Parent Transfers House to Adult Child
Maria owns her home outright (no mortgage). She’s 80 years old and wants to transfer the house to her son, David, while she’s still alive. She wants to avoid probate later.
| Action | Consequence |
|---|---|
| Maria creates quitclaim deed naming herself grantor and David grantee | Deed becomes the legal tool for transfer to work |
| Maria has deed notarized with valid ID present | Notarization verifies Maria’s identity and intent to give away |
| Maria and David file Preliminary Change of Ownership Report with intent to claim Proposition 58 exclusion | Property taxes stay locked at Maria’s assessed value instead of jumping to current market value |
| Maria records deed at San Diego County Recorder with $75 fee and zero documentary transfer tax (family gift exemption) | Transfer becomes public record and legally effective immediately |
| David’s name now appears on county records as owner | David has clear title and can sell, refinance, or keep the property |
This scenario works perfectly for quitclaim deeds because there’s no mortgage, no hidden debts, no dispute over ownership, and the parties trust each other completely. Maria had clear title, David accepted the risk of no warranties, and they both benefited from avoiding probate.
However, a critical step is filing the Proposition 58 claim within three years. Proposition 58 allows parents to transfer property to children without triggering a reassessment under Proposition 13. Without filing Form BOE-58-AH (Claim for Reassessment Exclusion for Transfer Between Parent and Child), the county assessor will reassess the property at current market value, potentially tripling property taxes. This is not automatic. You must file it.
Scenario 2: Divorce Quitclaim Transfer with Mortgage
James and Sarah are divorcing. They own a house together, currently valued at $400,000, with a $250,000 mortgage remaining. The divorce decree orders James to transfer his interest to Sarah. James gets other assets in exchange (retirement accounts, the vacation property).
| Action | Consequence |
|---|---|
| Divorce judgment says James must quitclaim to Sarah | Federal law protects this transfer from lender’s “due-on-sale” clause acceleration |
| James and Sarah create quitclaim deed | James’s name comes off the title after recording occurs |
| Both sign (because it’s community property acquired during marriage) | Deed is valid under California Family Code rules |
| Deed recorded with $75 fee and zero documentary transfer tax (divorce exemption) | Transfer is public record; Sarah is now sole owner on title |
| Mortgage remains in both names because quitclaim doesn’t change mortgage | James still owes the bank $250,000 even though he no longer owns |
| Sarah makes all mortgage payments going forward | If Sarah stops paying, James’s credit suffers and lender can sue him |
| James remains liable if Sarah later sells house for less than mortgage balance | James could face deficiency judgment for the difference |
This scenario shows the dangerous gap between title transfer and mortgage liability. The quitclaim deed is effective for transferring title. But it does nothing to the mortgage. Under the original loan agreement, James promised to repay $250,000. A quitclaim deed doesn’t release that promise. If Sarah stops making payments, loses her job, or dies, James faces financial disaster.
The smart solution in this scenario is for Sarah to refinance the house in her name only. This requires her to qualify on her own income and credit. If she qualifies, the bank issues her a new loan, pays off the old loan, and James’s name comes completely off both the title and the mortgage. Now James has zero liability.
Scenario 3: Adding Spouse to Title Using Quitclaim
Miguel owns his house free and clear, title in his name only. He marries Angela and wants to add her name to the title. They plan to live in it together.
| Action | Consequence |
|---|---|
| Miguel creates quitclaim deed: Miguel (grantor) to Miguel and Angela (grantees) | Both names now on title as joint owners |
| Miguel signs in front of notary | Notarization confirms Miguel’s identity and willingness to transfer |
| Both Miguel and Angela sign (community property presumption) | Signature requirement satisfied under California law |
| Deed recorded with $75 fee and $0.55 per $500 transfer tax | Actually, the transfer tax amount depends on property value—if house is worth $300,000, transfer tax is $330 |
| Form BOE-502-A filed showing Angela as new owner | County assessor is notified of ownership change immediately |
| Property may trigger reassessment under Proposition 13 if not properly exempted | Property taxes could jump to market value—potentially hundreds of dollars per month increase |
The problem Miguel didn’t expect: Adding a spouse to title in California is actually a transfer event that can trigger property tax reassessment. While spouses can transfer property to each other without documentary transfer tax, property tax reassessment is different. The reassessment may not happen if specific exemption forms are filed claiming a spousal transfer exclusion. Without filing these forms, Miguel’s $300,000 house could jump from a Proposition 13 assessed value of perhaps $150,000 to $300,000 in assessed value, increasing property taxes by hundreds of dollars yearly.
Common Mistakes That Destroy Your Deed and Ownership
Mistake #1: Using wrong names. You sign as “Robert Smith” but the deed says “Robert J. Smith” and the title records say “Bob Smith.” The recorder cannot figure out if you’re the same person. The deed gets rejected. You must use legal names exactly as they appear on the current deed.
Consequence: Your attempt to transfer property fails. You’re stuck holding the unsigned deed and the money or property promised in the transaction falls apart.
Mistake #2: Copying the legal description wrong. You write down the property address but forget to include the lot, block, and tract number. The recorder cannot identify which specific property you mean. They reject the deed.
Consequence: The transfer is invalid. You still own the property legally even though you intended to give it away.
Mistake #3: Forgetting both spouses’ signatures on community property. You’re married and both own the house. Only you sign the quitclaim deed to transfer it. The recorder catches this because the title records show both spouses own it.
Consequence: The deed is rejected. The transfer doesn’t happen. Your spouse retains ownership interest in the property even though you tried to give it away.
Mistake #4: Not recording the deed. You sign it, get it notarized, but never take it to the recorder’s office. The deed sits in your drawer.
Consequence: The transfer never becomes public record. The original owner still appears on the county records as the owner. If the original owner dies, this unrecorded deed creates probate problems.
Mistake #5: Recording without the Preliminary Change of Ownership Report. You complete everything perfectly but forget to include Form BOE-502-A when you record.
Consequence: The recorder accepts the deed but charges an extra $20 fee. More importantly, the county assessor doesn’t know about the transfer and may continue sending tax bills to the old owner.
Mistake #6: Failing to understand the mortgage doesn’t transfer. You have a $300,000 mortgage. You quitclaim the house to your daughter expecting her to take over payments.
Consequence: The lender never gave permission. The mortgage doesn’t transfer to your daughter. You remain liable. If your daughter stops making payments, the lender can foreclose and sue you for the deficiency. Your credit is destroyed.
Mistake #7: Not searching for hidden liens before accepting the deed. A person offers you a quitclaim deed to a commercial property. You accept it without doing a title search.
Consequence: You discover after recording that there’s a $50,000 judgment lien attached to the property from a business lawsuit five years ago. You now own the property but must pay off the lien or the creditor can force a sale.
Mistake #8: Misspelling the APN (Assessor Parcel Number). You look it up quickly and copy it wrong—”348-120-1209″ instead of “348-120-1200.”
Consequence: The recorder may reject it as illegible or unclear. Even if recorded, the title is questioned later because the APN doesn’t match the property description.
Mistake #9: Using an expired notary. The notary’s commission expired last month but they don’t know it yet. They notarize your deed with an old seal.
Consequence: The notarization is invalid. The recorder rejects the deed because the notary was not commissioned at the time of notarization.
Mistake #10: Not filing Proposition 58 claim within three years of parent-to-child transfer. You transfer property from parent to child via quitclaim deed but never file Form BOE-58-AH.
Consequence: Three years pass. The deadline closes. You can never file the claim. The property remains reassessed at current market value on the tax records, and the opportunity for tax savings is permanently lost.
Pros and Cons of Using Quitclaim Deeds
| Pros | Cons |
|---|---|
| Speed: Takes 1-2 weeks from signing to recording, no title search needed | No warranties: Grantee gets no protection if title problems exist |
| Cost: Recording fees are low ($75-$225) and no title insurance needed | Hidden liens: Grantee becomes liable for all liens and judgments attached to property |
| Simplicity: Simple one-page form, easy to understand and complete | No recourse: Grantee cannot sue grantor if problems appear after transfer happens |
| Tax advantages: Zero transfer tax for family gifts and spousal transfers | Title insurance void: Often terminates existing title insurance coverage completely |
| Privacy: Creates no detailed public record of property terms | Mortgage stays: Does not remove grantor from mortgage liability or obligations |
| Flexibility: Works for partial interests, not just whole property | Reassessment risk: May trigger property tax reassessment without proper planning |
| Federal protection: Some transfers protected from due-on-sale clauses | Foreclosure exposure: If mortgage isn’t paid, foreclosure can happen on quitclaimed property |
The biggest advantage is speed and cost savings. For simple family transfers where everyone trusts each other, quitclaim deeds are perfect. But the biggest disadvantage is the total lack of protection. If you accept a quitclaim deed and something goes wrong, you own the problem.
Do’s and Don’ts for Quitclaim Deed Transfers
DO’s:
- Do hire a title company to do a preliminary title search before accepting a quitclaim deed—costs $300-$500 but saves thousands if liens are discovered
- Do verify the grantor actually owns the property by reviewing recent tax bills and asking the county assessor’s office
- Do file the Preliminary Change of Ownership Report with your recording package to ensure the county assessor has current ownership information
- Do use the exact legal description from the current deed or county assessor’s records—never abbreviate or simplify
- Do get title insurance after accepting a quitclaim deed to protect against undiscovered liens, boundary disputes, and recording errors
- Do file Proposition 58 forms immediately if it’s a parent-to-child transfer—don’t wait until the last minute
- Do document the consideration (what’s being given in exchange) even if it’s a gift—state it clearly on the deed
DON’Ts:
- Don’t use a quitclaim deed for mortgage transfers—it doesn’t transfer the mortgage debt, only the property title
- Don’t rely on the grantor’s promise that the title is clear—quitclaim deeds offer zero protection for undisclosed problems
- Don’t skip notarization or do it with someone who’s not currently commissioned—it invalidates the entire deed
- Don’t record without including APN (Assessor Parcel Number)—it may be rejected or questioned later
- Don’t transfer community property without both spouses signing—California law requires both on quitclaim transfers
- Don’t assume the transfer is private—quitclaim deeds are public record and searchable by anyone
- Don’t transfer property with an outstanding mortgage without the lender’s written permission to avoid acceleration
- Don’t forget that quitclaim deeds terminate title insurance—your old policy won’t protect the new owner
- Don’t file the deed and forget about taxes—you still owe transfer taxes and must file ownership reports
- Don’t wait months to record after signing—record within days to avoid gaps in public record
The Mortgage Liability Trap: What Happens When You Quitclaim Property With Debt
This is the single most misunderstood aspect of quitclaim deeds. The deed transfers title (ownership). The mortgage transfers nothing.
Here’s why: When you borrowed money from a bank to buy property, you signed two documents. The first was a promissory note—your personal promise to repay the money. The second was a deed of trust (mortgage)—a security agreement saying the bank can foreclose and sell the property if you don’t pay. The promissory note binds you personally. The deed of trust binds the property.
When you record a quitclaim deed, it changes who owns the property. It does nothing to the promissory note. You still owe the bank. The new owner has the property. This creates a dangerous mismatch.
Example: You own a house worth $300,000 with a $250,000 mortgage. You quitclaim it to your adult child as a gift. Your child is now on title. You’re still on the mortgage. If your child stops making payments, the bank forecloses and sells the house. If it sells for $240,000, there’s a $10,000 deficiency. The bank can sue you (the person who promised to repay) for that $10,000. Your credit suffers. Your wages could be garnished.
Additionally, most mortgages contain a “due-on-sale” clause. This clause says that if you transfer the property, the lender can demand the entire loan be paid immediately. Federal law exempts certain transfers (to spouses, due to divorce, to a living trust where you’re the beneficiary) from this acceleration. But many transfers trigger it.
The solution: Have the new owner refinance the property into their name only, or formally assume the existing mortgage with the lender’s approval. Only then does your liability end.
Title Insurance: The Gaps Quitclaim Deeds Create
If you had title insurance when you owned the property, that policy covered you. When you quitclaim it away via a quitclaim deed, that policy terminates. It stops protecting you and it doesn’t transfer to the new owner.
Here’s why: Title insurance policies contain “Continuation of Coverage” clauses. These say the insurer keeps covering you as long as you maintain liability through the deed’s warranties. A quitclaim deed has zero warranties. So there’s zero liability. The coverage stops.
The new owner receives the property “as is.” If a title problem appears—a forgotten lien, a boundary dispute, a recording error, a forged deed in the chain of title—the new owner has no insurance and no recourse against you. They must hire a lawyer and sue to fix it, at their own expense.
That’s why new owners of quitclaimed property should buy an owner’s title insurance policy. This costs 0.5-1% of the property value (typically $1,500-$3,000 for a $300,000 property) but protects them against title defects. The policy pays legal fees and settlements if title disputes arise.
If you’re accepting a quitclaim deed, always get title insurance. If you’re giving away property via quitclaim deed, tell the recipient to get title insurance. This is not optional for peace of mind.
Tax Consequences: Documentary Transfer Tax and Proposition 13
Two separate taxes apply to quitclaim deeds: documentary transfer tax and property tax reassessment.
Documentary Transfer Tax is an excise tax paid at the time of recording. It applies when property exceeds $100 in value. The rate is $0.55 for each $500 of value (or fraction thereof). On a $150,000 property, you pay $165 in documentary transfer tax.
Exemptions exist for specific transfers:
- Transfers between spouses: $0
- Transfers to your own revocable living trust: $0 (because you’re not changing beneficial ownership)
- Transfers from a trust to a beneficiary after grantor’s death: $0
- Gifts to family members: $0
- Transfers due to divorce: $0 (if done under court order)
For transfers that don’t qualify for exemptions, the recorder’s office collects the tax and sends it to the county. If you don’t pay it, the recorder rejects the document.
Property Tax Reassessment under Proposition 13 is separate. Proposition 13 sets property tax assessments at 1% of the property’s fair market value at the time of purchase. Typically, taxes don’t increase unless the property changes ownership.
When you transfer property via quitclaim deed, that’s a “change in ownership.” The county assessor reappraises the property at current market value. This can triple property taxes. Example: A property purchased in 1980 for $50,000 had a Prop 13 assessed value of $50,000. In 2024, it’s worth $500,000. If it transfers to someone else, the assessed value jumps to $500,000, and property taxes jump accordingly.
However, certain transfers are excluded from reassessment:
- Parent to child: Proposition 58 excludes transfers of a principal residence with no value limit, plus up to $1 million in other property per parent
- Child to parent: Same exclusion applies
- Grandparent to grandchild (when parents are deceased): Proposition 193 provides similar exclusions
- Spouse to spouse: No reassessment if properly documented
To claim these exclusions, you must file specific forms within deadlines:
- Proposition 58: File Form BOE-58-AH within 3 years of transfer (but filing sooner is safer)
- Proposition 193: File Form BOE-58-G within 3 years of transfer
- Spousal transfer: File appropriate spousal exclusion forms within 1 year
If you miss the deadline, the property remains reassessed at market value forever. You cannot go back and claim the exclusion later.
As of February 16, 2021, Proposition 19 changed these rules for future transfers. Now, non-principal residences transferred to children face reassessment on the amount above $1 million of assessed value. And the child must use the principal residence as their primary home to keep the tax benefit.
Trust Transfers: Using Quitclaim Deeds for Estate Planning
One of the most common uses of quitclaim deeds is transferring property into a living trust. This is an estate planning tool to avoid probate.
Here’s how it works: You create a revocable living trust document. This document names you as the grantor and yourself (or a co-trustee) as the trustee. It names beneficiaries who receive the property after you die.
Then you transfer property into the trust using a quitclaim deed: Grantor is you (your legal name), Grantee is “yourself as Trustee of the [Your Name] Revocable Living Trust dated [date].”
Example: “John Smith, Grantor, hereby quitclaims to John Smith, Trustee of the John Smith Revocable Living Trust dated January 1, 2024, all right, title and interest in the property located at…”
The deed must include the same legal description and APN as always. You sign it in front of a notary. You file a Preliminary Change of Ownership Report claiming a trust transfer (which qualifies for zero documentary transfer tax and no property tax reassessment because the beneficial owner hasn’t changed—you still ultimately own it).
You record the deed at the county recorder’s office. Then the property is officially held in the trust. When you die, the successor trustee distributes it to beneficiaries without probate court involvement. This saves money and time.
Why use a quitclaim deed for trusts instead of a grant deed? A quitclaim deed is standard for trust transfers. It works because you’re transferring from yourself to yourself (as trustee), so warranties are unnecessary. Using a quitclaim deed here doesn’t create the risks it creates in other situations.
Divorce Quitclaim Transfers and Community Property
California is a community property state. This means property acquired during marriage belongs equally to both spouses. When couples divorce, community property is divided equally.
Divorce courts often order one spouse to transfer their interest in the community property home to the other spouse via quitclaim deed. This happens as part of the divorce settlement.
Under California Family Code Section 852, a quitclaim deed between spouses can change the character of community property to separate property—but only if both spouses sign the deed and it includes clear language saying they intend this change. If a quitclaim deed just says “Husband quitclaims to Wife” with no additional language, it doesn’t automatically convert the property to Wife’s separate property. Courts look at the intent.
Example of language that works: “Husband hereby quitclaims to Wife all of Husband’s right, title and interest in the property, with the express understanding and agreement that this property shall be the separate property of Wife and shall not be community property.”
The federal Garn-St. Germain Act protects divorce transfers. When a spouse quitclaims to the other spouse as part of a divorce, the lender cannot invoke the due-on-sale clause to accelerate the mortgage. This is a federal exemption.
However, both spouses remain liable for the community property mortgage unless the transfer is coordinated with a refinance. The spouse keeping the house should refinance to remove the other spouse from the loan.
Correcting Title Errors Using Quitclaim Deeds
Quitclaim deeds can fix simple title errors. If your name is misspelled on the deed—”Jonathon Smith” instead of “Jonathan Smith”—you can transfer from yourself (with the misspelled name) to yourself (with the correct name) via quitclaim deed.
This creates a corrective deed on the public record showing the error was fixed. After this corrective quitclaim deed is recorded, future deeds use your correct name.
Example: Current deed says “Jonathon Smith, owns property.” You create a quitclaim deed: “Jonathon Smith (Grantor) quitclaims to Jonathan Smith (Grantee).” Both names appear. You sign as Jonathon (to match the original deed) in front of a notary. You record it. Now the county records show both names, establishing you as the same person with corrected spelling.
This technique also works for name changes due to marriage or court order. You quitclaim from your old legal name to your new legal name, creating a recorded trail showing they’re the same person.
This is one situation where a quitclaim deed’s lack of warranties doesn’t matter because you’re the grantor and grantee. You’re not concerned about warranties to yourself.
San Diego County Specific Procedures and Resources
The San Diego County Assessor/Recorder/Clerk office handles all recording. Their website is sdarcc.gov. Contact them at (619) 238-8158 for forms and questions.
Required forms are available on their website:
- Quitclaim Deed form
- Preliminary Change of Ownership Report (BOE-502-A)
- Documentary Transfer Tax Declaration (Form 1 or 2 depending on situation)
- Proposition 58 Claim Form (BOE-58-AH) for parent-to-child transfers
- Proposition 193 Claim Form (BOE-58-G) for grandparent-to-grandchild transfers
- Spousal transfer exemption forms
The documentary transfer tax declaration must be signed and notarized. It asks for the property value and asks whether an exemption applies. If you claim an exemption incorrectly, you may face audits later.
The Assessor’s Parcel Number (APN) is found on property tax bills or online through the assessor’s database.
Legal Precedents and Court Rulings on Quitclaim Deeds
California courts have established clear rules about quitclaim deeds through dozens of cases.
In San Dieguito Partnership v. City of San Diego, the court ruled that quitclaim deeds don’t resolve underlying title issues—they just change who owns the problem. If a property has a lot line dispute, quitclaiming it to someone else doesn’t settle the dispute. The new owner inherits it.
Courts consistently hold that quitclaim deed grantees cannot sue grantors for breach of warranty because quitclaim deeds contain zero warranties. If you accept a quitclaim deed and later find liens, you cannot go back to the person who gave it to you and demand payment. You’re stuck.
California courts also hold that judgment liens attached to property before a quitclaim deed transfer remain attached afterward. If someone sued the original owner and won a judgment, that judgment lien stays on the property even after a new owner quitclaims it. The new owner becomes responsible for paying it off or the creditor can force a sale.
On mortgage issues, courts apply the “one form of action rule.” This means a lender can pursue either the borrower personally or foreclose on the property—but generally not both (they choose the most effective path). If you quitclaim property away but remain on the mortgage, the lender can sue you personally for the full debt if the property doesn’t sell for enough in foreclosure.
Courts have also clarified that transmutation rules apply to quitclaim deeds in divorce and marital situations. If spouses quitclaim community property from one to the other, courts examine whether the quitclaiming spouse intended to gift their interest (making it separate property) or intended to keep community property. Without clear language, courts often find no transmutation occurred.
FAQs About San Diego County Quitclaim Deeds
Q: Can I use a quitclaim deed to remove someone from a mortgage?
No. A quitclaim deed transfers title only. It does not remove anyone from the mortgage obligation. The person who signed the original mortgage note remains liable to the lender. To remove someone from mortgage liability, you need refinancing or a formal loan assumption with the lender’s approval.
Q: Do I need a lawyer to create a quitclaim deed?
No. Quitclaim deeds are simple forms available online, at office supply stores, or from the county assessor’s office. However, for complex situations (large properties, mortgages involved, family disputes, trust transfers), consulting an attorney prevents costly mistakes.
Q: How long does it take to record a quitclaim deed in San Diego County?
In-person recording takes same-day processing if all documents are correct. Mailed recordings take 2-4 weeks. Walk-in service is fastest. The recorder stamps the deed with a recording number and date when it’s recorded.
Q: What happens if the person who gave me the quitclaim deed didn’t actually own the property?
You inherit the problem. The quitclaim deed transfers whatever the grantor owned. If they owned nothing, you receive nothing. If liens attached, you’re liable for them. You have no legal recourse against the grantor because quitclaim deeds have no warranties. Title insurance is your protection here.
Q: Can a quitclaim deed be reversed or undone?
Yes, if fraud, duress, or mutual mistake can be proven in court. Courts can order rescission (reversal) of a quitclaim deed. This requires filing a lawsuit and proving one of these conditions existed. Without proof of these, courts won’t reverse a quitclaim deed even if the person who signed later regrets it.
Q: Do I owe gift taxes on a quitclaim deed transfer to a family member?
Generally no, unless the property value exceeds annual federal gift tax limits. As of 2024, you can gift up to $18,000 per person per year without filing gift tax returns. Spouses are unlimited. Gifts to children are unlimited. If the property exceeds these limits, you file Form 709 (United States Gift Tax Return) but likely owe zero tax due to lifetime exemptions. Consult a tax professional.
Q: What’s the difference between a quitclaim deed and a grant deed?
A grant deed includes basic warranties that the property hasn’t been sold to anyone else and is free from encumbrances created by the grantor. A quitclaim includes zero warranties. Grant deeds provide more protection to the grantee. Use grant deeds for sales. Use quitclaim deeds for family transfers and trust funding.
Q: If I’m on title but not on the mortgage, can the lender foreclose?
Yes. The lender can foreclose based on the mortgage (debt against the property) even if you’re no longer on title. The property is the security. If you quitclaim your interest away but you’re still on the note, the lender can foreclose and you lose everything you invested.
Q: How long is a quitclaim deed valid?
Forever, once recorded. There is no expiration. A quitclaim deed recorded in 1950 is still valid today. However, a statute of limitations (typically 4 years in California) allows someone to challenge the validity within 4 years of recording. After 4 years, it becomes much harder to challenge.
Q: Can a quitclaim deed be forged or fraudulent?
Yes. If someone forges your signature on a quitclaim deed, it’s fraud. You can file a quiet title action to remove the fraudulent deed from the record. You must prove the signature is forged, and courts require clear evidence.
Q: Should I tell my mortgage lender about a quitclaim deed transfer?
Yes. You are required to notify the lender of any change in ownership. The mortgage document contains a “due-on-sale” clause requiring notification. While federal law exempts certain transfers (to spouses, due to divorce, to living trusts), most transfers require lender notification. Failure to notify may give the lender grounds to accelerate the loan and demand full payment immediately.
Q: Can I quitclaim partial ownership of a property (like 50%)?
Yes. A quitclaim deed can transfer your entire interest or a percentage of your interest. If you own a house with someone else as 50/50 tenants in common, you can quitclaim your 50% to the other person or to a third party. The legal description must clarify what percentage or what portion you’re transferring.
Q: What happens if I discover a lien after accepting a quitclaim deed?
You become liable for the lien. The property cannot be sold or refinanced until the lien is paid. You can negotiate with the lienholder to pay a reduced amount, or you can file a lawsuit to challenge the lien’s validity. Title insurance would cover these costs and settlement amounts.
Q: Is a quitclaim deed recorded if I don’t file the Preliminary Change of Ownership Report?
Usually yes, but the county assesses a $20 penalty. The deed records, but without the PCOR form, the county assessor doesn’t know about the transfer and may continue sending bills to the old owner. Always file the PCOR to ensure the county records are current.
Q: Can a quitclaim deed to a trust affect my ability to get a reverse mortgage later?
Yes, potentially. Reverse mortgages have age and equity requirements. If property is held in a trust, you must disclose this to the lender. Some lenders have restrictions. Consult a reverse mortgage specialist before transferring property to a trust if you might want a reverse mortgage later.
Related reading
- Does a Quitclaim Deed Prove Full Ownership? (w/Examples) + FAQs
- What Exactly Happens After a Quitclaim Deed is Filed? (w/Examples) + FAQs
- Los Angeles County Quitclaim Deed Requirements (w/Examples? + FAQs
- Maricopa County Quitclaim Deed Requirements (w/Examples) + FAQs
- Harris County Quitclaim Deed Requirements (w/Examples) + FAQs
- Cook County Quitclaim Deed Requirements (w/Examples) + FAQs
- Tax Consequences of a Quitclaim Deed Explained (w/Examples) + FAQs