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A Warranty Deed is the best of the best. It protects you from all future and past issues with property title and any outstanding debts or liens.
What is difference between a title and a grant deed in California?
A deed is evidence of a specific event of transferring the title of the property from one person to another. A title is the legal right to use and modify the property how you see fit, or transfer interest or any portion that you own to others via a deed. A deed represents the right of the owner to claim the property.
What is a transfer deed in California?
The California TOD deed form allows property to be automatically transferred to a new owner when the current owner dies, without the need to go through probate. It also gives the current owner retained control over the property, including the right to change his or her mind about the transfer.
What type of deed is most commonly used?
General warranty deed: A general warranty deed is the most common type of deed used to transfer fee simple ownership of a property. Unlike a quitclaim deed, a general warranty deed does confirm a grantors ownership and a legal right to sell.
What is the difference between a quitclaim deed and a grant deed in California?
In California, quitclaim deeds are commonly used between spouses, relatives, or if a property owner is transferring his or her property into his or her trust. A grant deed is commonly used in most arms-length real estate transactions not involving family members or spouses.
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What is the most commonly used deed to transfer property in California?
Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word grant is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.
Is a quitclaim deed valid in California?
Quitclaim Deeds in California Anyone can give someone a quitclaim deed, but if the grantor doesnt actually own the property, the deed is worthless. As the grantee of a quitclaim deed, you dont have the right to sue the grantor for damages, making a quitclaim deed risky.
Does spouse have to be on title in California?
Couples who are married or in a domestic partnership can purchase a property, without sharing the title with their spouse or partner. In California, if a married man or woman wants to acquire a title in their name alone, the spouse or partner must indicate their legal consent.
What are the 2 main types of deeds to transfer property in California?
California mainly uses two types of deeds: the grant deed and the quitclaim deed. Most other deeds you will see, such as the common interspousal transfer deed, are versions of grant or quitclaim deeds customized for specific circumstances.
Should both spouses be on house title in California?
If real estate qualifies as separate property, a married individual may take title in his or her name alone. The deed should recite that the property belongs to that spouse as separate property. Although not a strict legal requirement, it is best practice for both spouses to also sign a Separate Property Agreement.
Related links
DD 10/24 Marital Property; Debts of One Spouse - DIRT
Husband forged her name on a quitclaim deed to him of the family residence. Then he forged her name on a series of mortgages. He paid off existing liens on the
What constitutes a change in ownership? Are there any exclusions from reassessment? If a transfer of real property results in the transfer of the present
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