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Grant Deed vs. Quitclaim Deed in California: Which Should You Use?

Reviewed by Matt Goeglein & Xavier “Xavi” de la Piedra IV — Fidelity National Title

Brass desk lamp and gavel in front of California real estate law books — legal aspects of title and escrow
Short answer

A California grant deed is used in almost all arm's-length sales because it includes implied warranties that the grantor owns the property and has not already conveyed it. A quitclaim deed transfers only whatever interest the grantor may have, with no warranties, and is typically used between family members, spouses, or trusts. For a standard South Bay or Westside sale, the grant deed is the correct instrument and is backed by title insurance. Matt Goeglein (310-293-0784) and Xavi de la Piedra IV (562-217-9933) prepare and record deeds on every Team Goeglein transaction.

A deed is the legal document that transfers ownership of real property from one party to another. In California, the two most common deed types are the grant deed and the quitclaim deed. The difference is not whether title transfers — both can transfer title — but what promises the grantor makes about that title.

FeatureGrant DeedQuitclaim Deed
WarrantiesImplied: grantor has not previously conveyed title and property is free of undisclosed encumbrancesNone
Title insuranceStandard purchase transactions are backed by an owner's policyUsually not insurable
Common usesStandard sales, refinances, trust transfers with clear titleFamily transfers, divorce, gifts, clearing clouds
Buyer's protectionHighMinimal
Recording requirementNotarized grantor signature, proper legal descriptionSame formal requirements, but no title covenant

A grant deed is the default instrument in California purchase transactions. By signing it, the grantor makes two implied covenants: that the grantor has not already transferred the property to someone else, and that the property is free of undisclosed encumbrances known to the grantor. These warranties, combined with an owner's title insurance policy, give the buyer strong protection against hidden title defects.

A quitclaim deed makes no warranties. The grantor transfers whatever interest — if any — the grantor holds in the property. Quitclaim deeds are appropriate for non-arm's-length transfers where the parties already know the title history: adding a spouse to title, removing a spouse after divorce, transferring property into a living trust, or clearing a title defect when the claimant agrees to release any possible interest.

Using a quitclaim deed in a purchase is risky. If the grantor never owned the property, or if there are undisclosed liens, the buyer has no recourse against the grantor. That is why title companies require a grant deed — and an owner's policy — for standard sales.

Both deeds must be signed by the grantor, notarized, and recorded with the county recorder to provide public notice of the transfer. Team Goeglein at Fidelity National Title handles deed preparation, signature coordination, and recording for every transaction in the South Bay and Westside LA. Matt Goeglein and Xavi de la Piedra IV verify the legal description, vesting, and recording details so the transfer is enforceable and insurable.

Frequently asked questions

What is the main difference between a grant deed and a quitclaim deed?+

A grant deed includes implied warranties about title; a quitclaim deed transfers whatever interest the grantor has with no warranties.

Is a quitclaim deed bad?+

Not in the right context. It is a useful tool for family transfers, trusts, and clearing clouds, but it is the wrong instrument for a standard purchase.

Can you sell a house with a quitclaim deed in California?+

You can, but it is unusual and risky for the buyer because there are no title warranties and typically no title insurance.

Does a quitclaim deed remove someone from a mortgage?+

No. A quitclaim deed changes ownership on title; it does not release anyone from the loan obligation. The lender must approve any mortgage release.

Which deed is used in a standard California home sale?+

A grant deed. It is paired with an owner's title insurance policy to protect the buyer.

Who prepares the deed for a South Bay closing?+

The title company typically prepares the grant deed as part of escrow. Team Goeglein handles deed preparation and recording on every transaction.

Questions on a live deal?

Team Goeglein will just take care of it.

Contact Matt & Xavier