Grant Deed vs Quitclaim Deed in California: What You Need to Know

What's the difference between a grant deed and a quitclaim deed in California?

In California, a grant deed is the standard document used to transfer ownership in a home sale. It carries two implied warranties: the seller hasn't already conveyed the property to someone else, and there are no undisclosed encumbrances the seller created. A quitclaim deed transfers whatever interest the grantor holds with no warranties at all. Quitclaim deeds are used for family transfers, divorce settlements, trust updates, and title corrections, but not in standard home sales between unrelated parties.

By Paul Blair | October 9, 2026

At some point during escrow, someone hands you a deed to sign. Most buyers and sellers take a quick look, sign where the notary points, and move on.

That deed, and the type it is, actually matters. Getting it wrong can create title complications that surface years later.

Here's what you need to know about the two deeds you'll encounter in California real estate.

The Grant Deed: California's Standard for Home Sales

When you buy or sell a home in Los Angeles, the transfer almost always happens through a grant deed. This is the default deed in California residential real estate, and there are real protections built into it.

A grant deed carries two implied warranties under California Civil Code:

• The seller hasn't already transferred the property to someone else (no prior conveyance)
• The property is free from any encumbrances the seller created that haven't been disclosed

That second point matters more than most people realize. If you're buying a Hollywood Hills estate and the seller secretly took out a lien against the property last year, the grant deed gives you legal recourse. You're not just getting whatever the seller felt like handing over. You're getting a documented promise with legal weight.

One thing worth knowing: California's grant deed is more limited than the warranty deed used in Texas and most other states. A general warranty deed covers defects going back through the entire ownership history. California's grant deed covers only what the current seller created. Your title insurance policy fills in the rest.

When escrow prepares the paperwork for a standard home sale anywhere in Los Angeles County, the deed going to the recorder's office will be a grant deed.

The Quitclaim Deed: Transfer Without Warranties

A quitclaim deed transfers whatever interest the grantor currently holds in the property. Nothing more, nothing less. No warranties, no promises. If the grantor turns out to have no interest at all, the grantee receives nothing.

That sounds alarming for a buyer. But in the right context, a quitclaim is exactly the right tool:

Divorce and separation. When one spouse is keeping the home, the departing spouse signs a quitclaim deed to transfer their interest. This is routine and appropriate. Both parties know exactly what's being conveyed. If you're navigating a divorce sale or spousal buyout in Los Angeles, the full process is covered here.

Adding or removing someone from title. Want to add your spouse to the title of a home you owned before marriage? Removing a co-owner after a buyout? A quitclaim handles this cleanly.

Transferring into a living trust. If you're putting your Brentwood or Bel Air home into a revocable living trust for estate planning, your attorney will use a grant deed or quitclaim to move it from you as an individual into the trust entity. This isn't a sale, so warranty protection isn't the point.

Fixing a title defect. Sometimes a preliminary title report reveals an unresolved claim: a deceased relative who was never formally removed from title, a clerical error from a past transaction. A quitclaim from the right party can clear it.

What quitclaim deeds are not used for: selling a home to an unrelated third party. If you're a buyer and someone attempts to sell you a property using a quitclaim deed, that is a red flag. You'd have no implied warranties, and getting a clear title insurance policy on a quitclaim purchase from a stranger is extremely difficult.

What Happens at the LA County Recorder

Whether it's a grant deed or a quitclaim, any deed conveying California real property needs to be recorded to be legally effective against third parties. In Los Angeles, that means filing with the LA County Registrar-Recorder/County Clerk.

When a deed records, several things happen simultaneously:

Documentary Transfer Tax. This is calculated at the time of recording. Los Angeles County charges $1.10 per $1,000 of value on the unencumbered portion. The City of Los Angeles layers the Measure ULA transfer tax on top for sales at or above $5.4 million (4% of the full sale price) and 5.5% on sales at or above $10.9 million. On a $7 million sale in the Hollywood Hills, that ULA tax alone adds $280,000 before escrow, commission, or capital gains.

Documentary transfer tax applies to taxable transfers. Most family quitclaims between spouses or transfers into a revocable trust are exempt. The exemption needs to be properly documented and claimed at recording.

Preliminary Change of Ownership Report (PCOR). The PCOR files with every deed. It tells the LA County Assessor who the new owner is and the nature of the transfer. The assessor uses it to determine whether to reassess the property's taxable value. The dedicated PCOR post walks through this form in detail.

Proposition 19 and family transfers. This is where quitclaim deed planning gets complicated. Under Prop 19 (effective February 2021), the old parent-child property tax exclusion was significantly narrowed. If you're transferring a Silver Lake or Studio City home to an adult child, the property will very likely be reassessed at current market value unless the child makes it their primary residence within one year. At today's LA values, the difference in annual property taxes between an inherited assessed base and current market can be tens of thousands of dollars per year. The full Prop 19 breakdown for LA heirs is worth reading before any family deed transfer.

If you're doing any family transfer that involves a deed change, work with a California estate planning attorney before you sign anything.

Title Insurance and Why the Deed Type Matters Later

Your lender's title insurance and your owner's title insurance policy are both based on what the deed commits to, and what the title search uncovers.

When a property transfers via grant deed in a standard sale, the title insurer has a clean framework to underwrite. If something later surfaces, an old lien, a disputed easement, a prior transfer that didn't record properly, your policy responds.

Quitclaim deeds in the chain of title require more scrutiny. When a property changes hands via quitclaim, particularly between family members, title insurers want documentation explaining the relationship and the nature of the transfer. A divorce decree, trust agreement, or other supporting document helps the next buyer's insurer write the policy cleanly.

This is one of the quiet reasons to get the paperwork right the first time. A transfer that seemed fine can create friction for the next buyer, or for your own refinance, years down the road.

Which Deed Do You Need?

Here's the practical breakdown:

Use a grant deed if: You're buying or selling a home, transferring property between unrelated parties, or need the implied warranties to protect the buyer.

Use a quitclaim deed if: You're transferring between spouses, removing a co-owner, updating ownership to reflect a trust, or clearing an old title defect, and both parties understand there are no warranties attached.

In either case, the deed needs to be properly drafted, notarized, and recorded to be valid. Errors in the legal description, mismatched names, or a missing notarization can cloud your title. A template pulled from the internet is not the right tool for a multi-million dollar LA estate. Your escrow company handles the deed in a standard sale. For family transfers and estate planning, work with a California real estate attorney.

Frequently Asked Questions

Is a grant deed the same as a warranty deed in California?

No. A California grant deed carries two limited implied warranties: the seller hasn't previously conveyed the property, and there are no undisclosed encumbrances the seller created. A general warranty deed, common in Texas and many other states, warrants against all title defects regardless of when they arose, even those that predate the seller's ownership. California residential transactions use grant deeds, not general warranty deeds.

Can I use a quitclaim deed to sell my home in California?

Technically you can, but a buyer's lender almost certainly won't accept it for a financed purchase, and you'd be transferring the property with no implied warranties. Quitclaim deeds aren't appropriate for arm's-length sales between unrelated parties. Standard California home sales use grant deeds.

What is the Preliminary Change of Ownership Report (PCOR) and when is it filed?

The PCOR (BOE-502-A) is filed with the LA County Recorder every time a deed records. It notifies the county assessor of the ownership change and the nature of the transfer. The assessor uses it to determine whether to reassess the property's value for property tax purposes. Transfers that qualify for a Prop 19 exclusion (such as a parent-to-child transfer where the child will occupy the home as a primary residence) are claimed on the PCOR.

Does a quitclaim deed in my property's history affect my ability to sell later?

It can complicate things at title. Insurers scrutinize quitclaim deeds in the chain of title, particularly when circumstances aren't clearly documented. If the quitclaim was for a legitimate purpose, having proper supporting documentation (a divorce decree, trust agreement, or family relationship evidence) helps the future buyer's title insurer write the policy cleanly.

How long does it take to record a deed in Los Angeles County?

In a standard escrow transaction, the deed typically records within one business day of closing. Walk-in recording at the LA County Recorder is available for same-day or next-business-day service. Most title and escrow companies use e-recording, which is typically processed within one business day.

Understanding which deed applies to your situation, and why, is the kind of detail that usually lives with your escrow officer or attorney. But when you're selling or transferring a significant asset in Los Angeles, the specifics matter.

Whether you're navigating a standard sale, a family transfer, or a trust-related deed change, I'm happy to help you understand what to expect and connect you with the right professionals. Start the conversation at greysq.com/contact or get a home value estimate at greysq.com/home-value.

About Paul Blair

Paul Blair is the founder and broker of Grey Square, a virtual real estate brokerage representing buyers and sellers across Dallas and Los Angeles. With 22 years in the business and more than $200 million in closed transactions, Paul works the full range of the market, from luxury homes in the Park Cities and Preston Hollow to estates in the Hollywood Hills and across the Westside. Connect with Paul and the Grey Square team at greysq.com. TX TREC #9011505 · CA DRE #01792671.