Requirements and Laws

In California, there are several laws concerning the California quitclaim deed form. We will name some of them below:

  • In order to submit a quitclaim deed form, one needs to enter the number of the appraiser’s site in the legal description of the statement of claim. Additionally, California state laws require one to fill a preliminary report on the change of ownership (BOE-502-A) together with an application for termination of the contract.
  • The laws oblige the person granting the right of ownership to sign the act of termination of the contract in the presence of a public notary. Furthermore, the document must specify the tax on the transfer of documents.
  • Contact the County Appraiser’s Office to determine the appraiser’s parcel number before filling out the document. This number is linked to the legal description of the property and is indicated in the statement of claim.
  • When transferring documents, the California state authorities charge a transfer tax. Every state charges a different amount, and it is necessarily indicated in the statement of claim (Section 11911).
  • There are several legal tax benefits for the transfer of real estate. However, they must all be indicated in the form so that you can qualify for exemption from some taxes. Be sure to discuss your real estate transfer process with a tax consultant. In this case, you will not be afraid of capital gains taxes if you want to sell your property in the near future.
  • If you have a mortgage on the property and transfer your property through a waiver agreement, you will still be responsible for closing your mortgage. However, the receiving party can take responsibility for the mortgage payment, but this has to be discussed between the two parties.

Frequently Asked Questions

What documents are needed to fill out and register the quitclaim deed form?

To fill out and register this form, you need to provide the following information:

  • Information about the two persons involved in the process
  • Appraiser’s parcel number
  • Details of the original owner
  • Details of the new owner
  • All legal information about the property
  • Signatures of the two parties and the notary.

What types of transfer taxes are involved?

You will not be required to pay taxes for transfer in the following cases:

  • Upon the dissolution of a marriage between spouses and if the court has made a decision on the division of property
  • If it is a gift to another person

The city tax is paid after the legal registration process. Contact the county registrar to find out if your transfer is subject to city tax. 

Moreover, you can find out the amount of the special tax on your transfer by calling the district registrar.