California Grant Deed

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What Is a California Grant Deed?

A California grant deed is a legal document used to transfer real estate ownership. It includes implicit guarantees that the grantor has not already sold the property to someone else and that the property is free of encumbrances placed during the grantor's period of ownership, except those disclosed. It does not warrant the entire historical chain of title.

When to Use a Grant Deed in California

  • Completing a standard real estate transaction where the buyer obtains title insurance.
  • Transferring property out of a trust or estate to a beneficiary.
  • Conveying property in states where grant deeds are the customary instrument of transfer instead of warranty deeds.

California Requirements for Grant Deeds

  • Signing: The grantor(s) must sign the deed. As a community property state, spousal consent is required to transfer any property considered marital property.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: No witnesses are required by California law.
  • Recording: The deed must be filed with the County Recorder in the county where the land is located.
  • Transfer Tax / Recording Fees: County-level (varies, ~$1.10/$1,000); LA County extra. Preliminary Change of Ownership Report required.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Grant Deed vs Other Deeds in California

A grant deed guarantees the title against encumbrances made only during the current owner's tenure, whereas a full warranty deed covers the entire history of the property. Both offer significantly more protection than a quitclaim deed.

Frequently Asked Questions

Do I need my spouse's signature on a California grant deed?

Yes, if the property is a marital homestead or subject to community property rules, California law dictates that both spouses sign the deed to release their rights.

Where do I record a California grant deed?

You must take the original, notarized deed to the County Recorder in the jurisdiction where the property is physically located and pay the required recording fee.

Does a grant deed transfer my mortgage in California?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a California grant deed?

Yes, California has county-level transfer taxes (typically ~$1.10 per $1,000 of value). LA County and some cities charge additional local transfer taxes. These fees apply when filing the deed.

Can I write my own grant deed in California?

Yes, you can draft your own deed as long as it strictly adheres to California's legal requirements for formatting, legal description, and notarization.