The quitclaim deed is probably the second most popular deed in California. It is often used in transfers of real property among friends and relatives, where the grantee does not seek any personal guarantees from the grantor; in transfers of real property by gift; and in transfers made for the purpose of unclouding title to real property. In this way, the Quitclaim deed differs from the Warranty Deed which grants certain warranties to the grantee.
A quitclaim deed is distinguished from a grant deed by the use of the Word "quitclaim" rather than "grant" as the operative word of the deed. In general, a quitclaim deed will not transfer after-acquired title, but where the equitable interest of the grantor has been conveyed by a quitclaim deed, a later legal title acquired by the grantor is deemed to be transferred. Unlike a grant deed, a quitclaim deed does not imply coveants. Subject to recording laws and sales made by the sheriff under execution a grantee of a quitclaim deed takes the interest of the grantor in the land subject to all defects and equities which could have been asserted against the grantor.
Recording a Quitclaim Deed
Quitclaim deeds are entitled to be recorded, and the grantee of a quitclaim deed may be a purchaser for a valuable conderation, without notice, within the recording laws, so as to be protected from unrecorded instruments, of which he or she had no notice, which affect the title to the property.
