California Quitclaim Deed
Transfer your interest in a California property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with California’s signing rules built in. Free, no signup.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
California deed rules · as of 2026
- Witnesses (besides notary)
- None — notary only
- Where to record
- County Recorder
- Transfer tax
- Yes — see below
Source: Cal. Civ. Code § 1091 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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California signing & recording
No — in California the grantor's notarized signature is enough; no separate witnesses are required (Cal. Civ. Code § 1091 — transfer by instrument in writing 'subscribed by the party disposing of the same' (or authorized agent); no witness requirement, as of 2026). Cal. Gov. Code § 27287: before an instrument can be recorded, its execution must be acknowledged by the person executing it (or proved), with the acknowledgment certified as prescribed (Civ. Code §§ 1180 et seq.). Record the signed deed with the County Recorder. Transfer tax: Documentary Transfer Tax, Cal. Rev. & Tax. Code § 11911: counties may impose $0.55 per $500 of consideration (cities may add), only when consideration exceeds $100 — no-consideration/gift transfers are not taxed (see also § 11930, gifts and transfers by reason of death); charter cities may levy much higher rates Check the current California deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does California require witnesses on a quitclaim deed?
No — in California the grantor's notarized signature is enough; no separate witnesses are required (Cal. Civ. Code § 1091 — transfer by instrument in writing 'subscribed by the party disposing of the same' (or authorized agent); no witness requirement, as of 2026). Cal. Gov. Code § 27287: before an instrument can be recorded, its execution must be acknowledged by the person executing it (or proved), with the acknowledgment certified as prescribed (Civ. Code §§ 1180 et seq.).
Where do I record the deed in California?
With the County Recorder where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in California?
Documentary Transfer Tax, Cal. Rev. & Tax. Code § 11911: counties may impose $0.55 per $500 of consideration (cities may add), only when consideration exceeds $100 — no-consideration/gift transfers are not taxed (see also § 11930, gifts and transfers by reason of death); charter cities may levy much higher rates Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.
How does California compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How California compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for California: Cal. Civ. Code § 1091 ↗.
- California is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 0, exactly the national median.
This is the most common figure nationally — shared by 45 other states.
Witnesses required (beyond the notary) in neighboring states — Arizona (0), Nevada (0), Oregon (0). Every neighboring state with a rule matches California.
The rest of what California requires
The figures below are California's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full California page for that document.
- Security deposit cap · as of 2026
- 1 month's rent Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024) ↗
- Deposit return deadline · as of 2026
- 21 days after move-out Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024) ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Cal. Civ. Code §1950.5 (AB 12, eff. 7/1/2024) ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Cal. Civ. Proc. Code § 1161; Cal. Civ. Code § 1946.1 ↗
- Notice to cure a lease violation · as of 2026
- 3 days Cal. Civ. Proc. Code § 1161; Cal. Civ. Code § 1946.1 ↗
- Small claims limit · as of 2026
- $12,500 (individuals) / $6,250 (entities) Cal. Code Civ. Proc. §§116.220, 116.221 ↗
- Where you file · as of 2026
- Small Claims Court (small claims division of the Superior Court) · filing fee $30 (claims up to $1,500) / $50 ($1,500.01-$5,000) / $75 (over $5,000); $100 flat for frequent filers with more than 12 claims in the prior 12 months (Cal. Code Civ. Proc. §116.230) Cal. Code Civ. Proc. §§116.220, 116.221 ↗
- Rental application fee · as of July 2026
- Capped at $30 per applicant, CPI-adjustable annually since 1998 California Legislative Information ↗
- Bill of sale notarization · as of 2026
- Not required California DMV (Form REG 135) ↗
- Power of attorney signing · as of 2026
- Notarization required Cal. Prob. Code §4121 (form §4401) ↗
- LLC operating agreement · as of 2026
- Required by statute Cal. Corp. Code § 17701.02(s) ↗
Quitclaim deed in other states
More California legal forms
Different state? See quitclaim deeds by state →