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Quit Claim Deed Form - Monterey County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/8/2021
Quit Claim Deed Guide - Monterey County
Line by line guide explaining every blank on the form.
Included document last updated 3/12/2021
Completed Example of the Quit Claim Deed Document - Monterey County
Example of a properly completed form for reference.
Included document last updated 3/18/2021
*The Following California and Monterey County supplemental forms are included as a courtesy with your order.
Preliminary Change of Ownership
This is a required form, due at the time of recording. There is a $20.00 penalty fee for non-compliance.
Parent to Child Exclusion
A real property transfer from parent to child is exempt from transfer tax. This form is used for a reassessment exclusion, which could prevent an increase in property taxes.
Grandparent to Grandchild Exclusion
A real property transfer from grandparent to grandchild is exempt from transfer tax. This form is used for a reassessment exclusion, which could prevent an increase in property taxes.
Change in Ownership Statement Death of Real Property Owner
This form is used by the personal representative of the deceased property owner, who files this statement with the Monterey County Assessor to request a Completed Change in Ownership Statement.
Affidavit of Cotenant Residency
If a real property transfer from one cotenant to the other is the result of the death of one of them, the transfer may not constitute a change in ownership, provided it meets the criteria listed on the form. This form is used by the surviving cotenant to claim exclusion from reassessment, which could prevent an increase in property taxes.
Affidavit of Entity Transfer
This form provides evidence, in support of an exclusion from reassessment, for a transfer involving legal entities whose proportional interests are the same before and after the transfer.
Beneficial Ownership Statement
This form provides evidence in support of an exclusion from reassessment for a transfer of legal ownership that does not change beneficial ownership. Conditions that determine if you are a beneficial owner are listed on the form.
Transfer Tax
If your conveyance is exempt, you need the R&T Code of the applicable exemption and a brief explanation. Both are provided on this list.
Homeowners Exemption
Use these forms to claim or cancel a homeowners’ exemption if the real property is transferred or becomes/ceases to be the primary residence.
Building Homes and Job Act
The state of California has recently enacted the Building Homes and Jobs Act, effective January 1, 2018.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by California notaries.
Including:
Quitclaim deeds in California are initially defined by Civ. Code, 1092, 1104-1107, 1113, and further in Gov. Code 27279-27297.7, 27320-27337.
Content:
Each document submitted for recording should have the title near the top of the first page (Gov. Code 27324). Include the name and address of the individual requesting recording as well as a name and return address for use after the quitclaim deed is recorded. Provide the name and address of the individual or entity to receive tax bills at the bottom of the first page. (Gov. Code 27321.5, 27361.6). In addition, every quit claim deed must contain the name and address of everyone with an ownership interest in the property. Be certain to present the names in exactly the same way they're found on the prior deed. If there are any unrecorded changes, provide the original and new names like this: Jane Doe, formerly known as Jane Smith. See Gov. Code 27288.1.
Any document which modifies, releases, or cancels the provisions of a previously recorded document shall state the recorder identification number or the book and page of the document being modified, released, or canceled. (Gov. Code 27361.6). Additionally, Gov. Code 27280.5 requires that the names of parties required to be indexed appearing in any instrument, paper, or notice presented for recordation should be legibly typed or printed near the signature. The names of all persons executing or witnessing a document shall be legibly signed or shall be typed or printed to the side of or below the signature.
While not specifically discussed in the statutes, a valid quit claim deed should also include, at minimum, a complete legal description of the property and the name, address, and vesting choice of the grantee.
Recording:
Note that Gov. Code 27293 requires that quit claim deeds in languages other than English are not suitable for recording. Civ. Code 1169 states that quit claim deeds must be recorded by the County Recorder of the county in which the conveyed real estate is situated.
Civ. Code 1213-1214 discuss California's recording statute, which is classified as "race-notice." Basically, the first bona fide purchaser....will prevail over an earlier purchaser who failed to record the conveyance. So, despite Civ. Code 1217, which states that "an unrecorded instrument is valid as between the parties thereto and those who have notice thereof," just because the parties on the quit claim deed know about it, their knowledge does NOT constitute constructive notice to the public. Therefore, RECORD THE QUIT CLAIM DEED as soon as possible after executing it. This protects the interests of all parties.
Gov. Code 27361.6 formalizes some formatting requirements: The top right 2 " X 5" corner is reserved for the Recorder's use only. The top left 2 " X 3 " corner is reserved for the name of the person requesting recording and a return name and address. The title of the document must appear on the first page immediately below the space reserved for the Recorder.
Get your Monterey County Quit Claim Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Monterey County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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