Quitclaim deeds are used in many cases, including divorce. Here’s everything you need to know about quitclaim deeds in a California divorce.
Quitclaim deeds are used to transfer partial real-estate ownership from one person to another. This includes rights and associations related to that ownership as well. In California, quitclaim deeds are often necessary in cases involving divorce.
What is a quitclaim deed?
A quitclaim deed (sometimes referred to as a non-warranty deed) is a document used to transfer an individual’s interest in a property. Quitclaim deeds include a spouse considered to be the Grantor and a spouse considered to be the Grantee. Grantors are the spouses who transfer or convey interest in the property while grantees are the spouses who receive interest and/or agree to take ownership of the property solely in their name.
Related: Who Keeps the Marital Home in a California Divorce?
Why are quitclaim deeds necessary in divorce?
Quitclaims are often necessary proceeding a divorce, as both spouses cannot retain the marital residence. The quitclaim is typically executed by the spouse that will not retain the marital residence. A quitclaim deed acts to eliminate the departing spouse’s name from the title of the property, thus, removing his or her equity or ownership of the property. Therefore, quitclaims are usually required during the division of assets phase of a divorce settlement.
Related: How to Divide Property in a California Divorce
In what cases are quitclaim deeds commonly used?
In California, quitclaim deeds allow new owners of a property to have any interest possessed by current owners after the deed is completed. Most quitclaim deeds are used in cases in which:
- Property is gifted to a spouse or other family member
- Property is given to an ex-spouse proceeding a divorce
- Property is being transferred in order to change the nature of the marital property
- Property is being moved to a living trust or business possessed by a current owner
- Property is going to be shared a new individual added to the deed
- A person is being removed from the deed
- Cases that involve a current owner not wanting to have legal responsibility for issues with title
Following a divorce in California, can a spouse refuse to sign a quitclaim?
In most cases, a spouse cannot refuse to sign a quitclaim. A divorce settlement is a legally binding contract, and it can be enforced by a court if necessary. Thus, a spouse can be held in contempt by refusing to sign a quitclaim deed if a divorce judgment has been entered. Further, California judges have the ability to assign court-ordered quitclaim deeds, which means ownership can be transferred without a signature if needed.
How can someone draft a quitclaim deed in California?
A California quitclaim must meet certain requirements that apply to other deeds. Some of these factors include a valid legal description, a statement of consideration, and a detailed description of the ways co-owners will hold the title. Further, the deed is required to fit a certain format and is particular with font size, page requirements, and signature and notarization requirements. It is imperative to make sure quitclaim deeds are drafted carefully, as slight mixups in details can convey different meanings than intended. Patent ambiguities are contradictions that can occur in a quitclaim deed as a consequence of language errors, and can result in the deed being invalidated.
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