Quitclaim Deed vs. Grant Deed: What's the Difference When Transferring California Property?

A quitclaim deed transfers whatever ownership interest a person has in a property—if any—with no guarantee that the title is clear or that the person even legally owns what they're signing away, while a grant deed transfers ownership and comes with built-in promises that the seller actually owns the property and hasn't already sold or encumbered it to someone else. In California, quitclaim deeds are common for transfers between family members, such as adding a spouse to title after marriage or removing one after divorce, while grant deeds are the standard for an actual home sale between a buyer and seller who aren't related. Because a quitclaim deed offers no protection if the title turns out to be clouded, knowing which one applies to your situation can save you from inheriting someone else's title problem.

What Does a Quitclaim Deed Actually Transfer?

A quitclaim deed transfers only whatever interest the person signing it (the grantor) currently holds in the property, without making any promises about the quality or validity of that interest. If the grantor actually owns the property free and clear, the quitclaim deed works just as well as any other deed to pass that ownership along. But if there's a problem with the grantor's title—an old lien, a missing signature from a prior transfer, or even the possibility that the grantor doesn't own the property at all—a quitclaim deed does nothing to protect the person receiving it, since there's no warranty being made in the first place. This is why quitclaim deeds are generally reserved for situations between people who already trust each other and know the history of the property, rather than for sales between strangers.

What Does a Grant Deed Guarantee That a Quitclaim Deed Doesn't?

A grant deed includes two implied warranties under California law: that the grantor hasn't already transferred the property to someone else, and that the property is being conveyed free of any encumbrances the grantor hasn't already disclosed, except as stated in the deed itself. These warranties give the buyer some built-in protection even without a separate title insurance policy, though in practice buyers in California almost always purchase title insurance anyway for broader protection. Because of these implied guarantees, a grant deed is the standard instrument used in an arm's-length real estate sale, where the buyer has no personal knowledge of the property's title history and is relying on the seller's representations to be accurate.

When Do Families Typically Use a Quitclaim Deed in California?

Quitclaim deeds show up most often in situations where money isn't changing hands and the people involved already know and trust each other: adding a new spouse to title after marriage, removing a spouse from title as part of a divorce settlement, transferring property into a living trust, or a parent adding a child to title as part of estate planning. In each of these cases, the person receiving the interest typically already knows the condition of the title, so the lack of warranties isn't a significant risk. It's worth noting that adding someone to title, even a spouse or family member, can have gift tax, property tax reassessment, and capital gains implications, so it's generally worth a conversation with a tax professional or estate attorney before signing one, even though the deed itself is simple to execute.

What Are the Risks of Accepting a Quitclaim Deed When Buying a Home?

Because a quitclaim deed makes no promises about the state of the title, a buyer who accepts one in an actual purchase transaction has no recourse if it turns out the seller didn't have clear ownership, had already sold the property to someone else, or was conveying a property still encumbered by an old lien. This is why reputable title companies and real estate agents strongly discourage using a quitclaim deed in a standard purchase and instead insist on a grant deed paired with a title insurance policy, which protects the buyer against title defects that existed before closing but weren't discovered during the title search. A buyer who's asked to accept a quitclaim deed in a sale, rather than as part of a family transfer, should treat that as a red flag worth investigating rather than a minor paperwork difference.

Does Changing Title With a Quitclaim Deed Trigger Property Tax Reassessment?

Not always, but it depends on who's involved and how the transfer is structured. California's Proposition 19 and other exclusions allow certain transfers to avoid triggering a full property tax reassessment, including transfers between spouses or registered domestic partners, and in some cases transfers between parents and children under specific conditions. However, adding a non-spouse, such as an adult child or unmarried partner, to title can be treated as a change in ownership for a portion of the property and may trigger a partial reassessment, increasing the property tax bill. Because the rules around reassessment exclusions are specific and change based on the relationship and percentage of interest transferred, it's worth confirming with the county assessor's office or a real estate attorney before filing a quitclaim deed, rather than assuming a family transfer is automatically exempt.

Frequently Asked Questions

Is a quitclaim deed legally binding in California?
Yes, once properly signed, notarized, and recorded with the county recorder's office, a quitclaim deed legally transfers whatever interest the grantor held, even though it makes no guarantees about the quality of that interest.

Can a quitclaim deed be used to remove an ex-spouse from title after divorce?
Yes, this is one of the most common uses of a quitclaim deed in California, typically executed as part of the divorce settlement once the parties have agreed on who keeps the property, though it doesn't by itself remove either spouse's responsibility for an existing mortgage.

Does a quitclaim deed affect who is responsible for the mortgage?
No. A quitclaim deed only transfers ownership interest in the property; it doesn't change who's obligated on the loan. The spouse remaining on the mortgage after a quitclaim transfer is still legally responsible for payments unless the loan is refinanced solely in their name.

Should a title company be involved when using a quitclaim deed?
It's not legally required, but it's generally a good idea, especially for anything beyond a simple spousal transfer, since a title company or real estate attorney can confirm the deed is drafted and recorded correctly and flag any issues with liens or existing title conditions before the transfer is finalized.

Updated for November 2026.