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No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
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.
Property and debts acquired during a marriage are joint property in California. This means that each spouse has equal rights and responsibilities in the marital home and any mortgage thats secured by it. When a spouse signs a quit claim deed, he gives up all rights to the property.
A quitclaim deed is quick and easy because it transfers all of one persons interest in the property to another. However, a quitclaim doesnt make any guarantees about what that interest might be. The deed transfers all claims the seller has to the property, if any.
How to transfer property ownership Identify the donee or recipient. Discuss terms and conditions with that person. Complete a change of ownership form. Change the title on the deed. Hire a real estate attorney to prepare the deed. docHub and file the deed.
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Terms in this set (4) In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
It usually takes four to six weeks to complete the legal processes involved in the transfer of title.
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.
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.

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