If you are adding a spouse to title, removing a former spouse, transferring property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a California quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, where to record the deed, whether the documentary transfer tax applies, and whether the transfer will trigger a property tax reassessment under Proposition 19.
The good news is that spousal and trust transfers are generally straightforward in California. The part that surprises people is that a parent-child gift no longer works the way it used to before 2021.
Important California Recording Note:
California quitclaim deeds are recorded with the County Recorder in the county where the property is located.
California law requires a Preliminary Change of Ownership Report (PCOR) to be filed with the county recorder at the same time as the deed, not as a separate later step. Skipping it usually means a $20 penalty fee, and the assessor will follow up requesting the same information anyway.
Giving Property to Your Child? Read This First.
Before 2021, California broadly excluded parent-child property transfers from reassessment, so many people still assume a gift to a child keeps the old, lower property tax bill intact. Proposition 19 changed that significantly.
The exclusion is now much narrower: it generally applies only if the child moves in and uses the home as their own primary residence, and even then it only shields a limited amount of value above the home's current assessed value. Transfers that don't meet these conditions can trigger a full reassessment at current market value. If you're transferring property to a child, it's worth confirming whether Proposition 19's exclusion actually applies to your situation before assuming it does.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information California county recorders commonly expect.
- Current deed or property record
- Grantor's full legal name and marital status
- Grantee's full legal name and mailing address
- Complete legal description of the property, plus the Assessor's Parcel Number (APN)
- California county where the property is located
- The name and address of whoever prepared the deed
- Return mailing address after recording
- Notary acknowledgment for the grantor's signature
- Both spouses' signatures, if the property is community property
- A completed Preliminary Change of Ownership Report (PCOR)
- A Proposition 19 claim form, if claiming the parent-child or grandparent-grandchild exclusion
- A documentary transfer tax declaration, with exemption wording if applicable
- Recording fees, and any documentary transfer tax due
How to Fill Out a California Quitclaim Deed
Step 1: Identify the Correct County Recorder
California deeds are recorded with the County Recorder in the county where the real property is located. Some counties combine this office with the assessor and county clerk, so the exact office name can vary.
Step 2: Enter the Preparer and Return Address Information
Include the name and address of whoever prepared the deed, along with the mailing address where the recorded deed should be returned.
Step 3: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name, matching the current deed.
Step 4: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address.
Step 5: Check Whether Your Spouse Needs to Sign
California is a community property state. If the property is community property, both spouses generally must sign to convey it, even if only one spouse's name is currently on title.
Step 6: Add the Legal Description and APN
Use the complete legal description from the current deed or official county property records. Include the property's Assessor's Parcel Number, which most counties require by local ordinance. A street address alone is not enough.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be notarized using California's specific all-purpose acknowledgment form before the deed can be recorded.
California is currently the only state without a working Remote Online Notarization program. The law authorizing it (SB 696) has passed, but California-commissioned notaries can't perform it until the state's system is implemented, expected by January 1, 2030. In the meantime, most California deeds still need traditional in-person notarization.
California generally recognizes notarizations properly performed under another state's law, so an out-of-state remote online notary can sometimes work. However, real estate documents that must be recorded with a county are one of the categories most likely to require in-person notarization or specific confirmation from the recorder, so check with your county recorder before relying on this option. Learn more on our Remote Online Notarization by State page.
Step 8: Complete the PCOR and Any Proposition 19 Claim Form
Complete the Preliminary Change of Ownership Report (Form BOE-502-A) to file with the deed at recording. If you're claiming the narrower Proposition 19 parent-child or grandparent-grandchild exclusion, also complete the applicable claim form (BOE-19-P or BOE-19-G).
Step 9: Handle the Documentary Transfer Tax
If your transfer isn't exempt, the deed needs to state how the documentary transfer tax was calculated, and payment is due at recording. Many counties also require a separate documentary transfer tax declaration or affidavit.
If your transfer is exempt, such as a transfer between spouses or into a revocable trust, the deed should include the specific statutory exemption language your county recorder expects, citing the applicable Revenue and Taxation Code section.
Step 10: Record the Deed
Submit the signed and notarized deed, the PCOR, any Proposition 19 claim form, the documentary transfer tax declaration, and the recording fee to the County Recorder in the county where the property is located.
A separate state fee of up to $75 per document (capped at $225 per transaction) applies under the Building Homes and Jobs Act unless your transfer is subject to documentary transfer tax or is a transfer of a residential dwelling to an owner-occupier.
Will You Owe Documentary Transfer Tax?
For spousal and trust transfers, the answer is generally no. California exempts transfers between spouses, transfers establishing separate property of a spouse, transfers into or out of a revocable living trust, court-ordered transfers not made pursuant to a sale (such as divorce), and transfers that only change how title is held without changing the underlying parties or their proportionate interests.
For transfers that aren't exempt, the base rate is $0.55 for every $500 of value. Many cities charge an additional city transfer tax on top of the county rate, and some, including San Francisco and Los Angeles, charge substantially more for higher-value properties, so it's worth checking your specific city's rate.
This tax is separate from property tax reassessment. A transfer can be exempt from documentary transfer tax and still trigger a property tax increase, or vice versa, so don't assume one answer settles the other question.
Documentary Transfer Tax vs. Property Tax Reassessment
These are two different systems that often get confused. The documentary transfer tax is a one-time fee paid when the deed is recorded, based on the property's value at the time of transfer.
Property tax reassessment is a separate, ongoing question governed by Proposition 13 and Proposition 19. It determines whether the county resets your property's assessed value to current market value, which can significantly increase your annual property tax bill going forward. Transfers between spouses and into a revocable living trust are generally excluded from reassessment as well as from documentary transfer tax. Parent-child and grandparent-grandchild transfers, since Proposition 19, need to meet specific conditions to qualify for any reassessment exclusion at all.
Because these two questions are decided separately, it's worth confirming both before you record, rather than assuming a "yes" on one automatically means "yes" on the other.
California Signing and Recording Notes
- California deeds are recorded with the County Recorder in the county where the property is located.
- The grantor's signature must be notarized with California's all-purpose acknowledgment.
- California is currently the only state without an active Remote Online Notarization program.
- If the property is community property, both spouses generally must sign.
- Use the complete legal description, plus the Assessor's Parcel Number.
- A Preliminary Change of Ownership Report must be filed with the deed at recording.
- Spousal and revocable trust transfers are generally exempt from documentary transfer tax.
- Parent-child transfers no longer automatically avoid reassessment under Proposition 19.
- Documentary transfer tax and property tax reassessment are separate questions.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official California Sources
Common California Quitclaim Deed Mistakes
- Recording in the wrong county
- Assuming a parent-child transfer automatically avoids reassessment under the old pre-2021 rules
- Forgetting to file the PCOR at the time of recording
- Using only the street address instead of the legal description
- Leaving off the Assessor's Parcel Number
- Forgetting a spouse's signature on community property
- Assuming an out-of-state remote notarization will be accepted without checking first
- Confusing documentary transfer tax exemption with property tax reassessment exclusion
- Missing a required city transfer tax on top of the county rate
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the California Quitclaim Deed Process
A California quitclaim deed can be a practical way to update ownership, especially for spousal transfers, trust transfers, and divorce-related transfers. Family gifts to children and grandchildren still work, but Proposition 19 means the tax consequences deserve a closer look than they once did.
The key is to prepare the deed carefully, confirm whether documentary transfer tax and reassessment exclusions actually apply to your situation, notarize it correctly, file the PCOR at the same time as the deed, and record everything with the right county recorder.
California Quitclaim Deed FAQ
Where do I record a California quitclaim deed?
Record the deed with the County Recorder in the California county where the property is located.
Does a California quitclaim deed need to be notarized?
Yes. The grantor's signature must be notarized using California's all-purpose acknowledgment form before the deed can be recorded.
Will giving my house to my child trigger a property tax increase?
It might. Since Proposition 19 took effect in 2021, a parent-child transfer no longer automatically avoids reassessment. The exclusion now generally requires the child to use the home as their own primary residence, and only shields a limited amount of value.
Can I get a California deed notarized online?
Not through a California notary yet. California is the only state that hasn't implemented remote online notarization; the law has passed but isn't active until January 1, 2030. In-person notarization is currently required.
Is this legal advice?
No. This page provides general educational information and is not legal advice.