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Quit Claim Deed Form - Orange 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 - Orange 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 - Orange County
Example of a properly completed form for reference.
Included document last updated 3/18/2021
*The Following California and Orange County supplemental forms are included as a courtesy with your order.
Preliminary Change of Ownership Form
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
The law requires transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between parent(s) and child(ren). Signatures from both the transferor(s) and transferee(s) are required to complete your claim.
Grandparent to Grandchild Exclusion
The law requires transferor(s)/seller(s) to sign a claim for a reassessment exclusion for transfers between grandparent(s) and grandchild(ren). Signatures from both the transferor(s) and transferee(s) are required to complete your claim.
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 Orange County Assessor to request a Completed Change in Ownership Statement.
Affidavit of Cotenant Residency
If one of two equal co-owners, referred to as cotenant, dies, the real property transfers to the other cotenant. Provided the criteria listed on the form are met, the surviving cotenant may file the affidavit in order to claim exclusion from reassessment and prevent an increase in property taxes.
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.
Building Homes and Jobs 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 Orange 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 Orange 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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