Are you in the process of selling a piece of real estate in California? Typically, the last step of a property transaction is a deed transfer. During this time, the ownership is officially changed from you, the previous owner of the property, also known as the grantor, and the buyer, or, in the case of family transfer, the recipient, officially known as the grantee, who consequently assumes all ownership and legal responsibility.
In California, there are two key types of deed transfers. The first one is a quit claim deed, a property transfer between family members or where the property changes hands with financial compensation.
The other is a grant deed, which describes a legal document that facilitates real estate transactions between a seller and buyer. In this case, the seller or grantor must provide specific assurances to the grantee.
So, now that the basics are out of the way, how do you transfer a deed?
The Process of Deed Transfer California
Now, if you want to transfer ownership of a property within California, there are a couple of steps you’ll need to follow. These are:
1. Decide the Type of Deed You Need
This will, of course, depend on the nature of the transaction. Are you gifting your child, grandchild partner, or a loved one? Then you would need a quit claim deed. If it’s a standard sale, you’d need a grant deed.
That said, there are two other types of deeds provided in California to cater to special circumstances. These are revocable TOD deeds and fiduciary (trust) deeds.
2. Fill Out a Deed Form
Next, fill out a deed transfer California form. You can get this online. The form will ask, among other things, you and the new owner’s personal details, that is your name and contact details. On top of this, you will be required to attach the current title of the property in question as well as any other relevant document.
3. Make Copies & Notarize Them
Remember, property transfer is a serious legal matter. So, you want to have copies for yourself. So, make copies and, more importantly, have them notarized for authenticity. In this case, a notary acts as an unbiased witness for the transaction and the signing of the documents by both you and the new owner.
4. File Your Deed Transfer
Finally, complete the process by officially filing the deed transfer application at the county recorder’s office. Remember, this comes at a small cost. Every county has the liberty to set its own charges, so you’ll have to research this in advance.
Why Should You Hire an Attorney to Help You?
While the steps seem simple, the process can be tedious and even complex. Hiring a qualified attorney can save you the time you’d spend doing it by yourself, allowing you to focus on other things. Plus, they can ensure the process is genuine, and legal, and moves quicker.
Want to File a Deed Transfer in California? Make Sure You Are Doing It Right
Property is an extremely valuable asset. So, you want to pay attention to the transfer, whether you are the grantor or grantee. Working with an attorney is convenient and instills trust in the process.
When acquiring or selling property in California, you must transfer the deed to officially complete the transaction. The deed is a legal document that transfers (or grants) ownership of the property from one person to another. Along with other documents related to the transfer of property, it must be properly filed in order to ensure the transfer is carried out correctly and that all applicable laws are followed.
In order to successfully transfer a deed in California, you must comply with all or some of the following procedures:
1. Prepare the deed. You must create a deed that includes the typed names of the parties transferring the property, a description of the property, the signature of the parties involved, as well as the date and county in which the transfer is taking place.
2. Deliver the deed. Next, you must either physically deliver the deed to the other party or deliver it to a third party for filing with the county and registration with the Secretary of State. Depending on the county, a power of attorney form may need to be completed to legally authorize someone to act on your behalf.
3. File the deed with the county. After the deed is either physically delivered or filed with the county, the deed must be registered with the county recorder’s office. Upon verification, a copy of the deed will be sent to the parties involved. The deed must also be reviewed and approved by the Secretary of State.
4. Payment of fees. There are fees associated with recording and registering the deed, which may vary depending on the county. The fees should be paid in full in order for the transfer to be properly completed.
With these steps, you can successfully transfer a deed in California. If you are unsure of how to transfer a deed, it is always a good idea to contact a legal professional for assistance.
