This guide offers an overview of resources available through the library on the topic of deeds. The listed materials provide practical advice and sample forms and documents for the recording of deeds as well as resources for more in-depth research.
Sample grant and quitclaim deed forms, and instructions, are available on the Law Library’s Forms page.
DEED BASICSA deed is the document that officially transfers ownership of real estate. You will need a deed if you sell a house; you may need one after the death of a family member, or when dividing property in a divorce.
Common deeds in California are: (1) grant deeds, which transfer title outright; (2) quitclaim deeds, which transfer any claim or potential claim the grantor has on the property (frequently used in marital settlements); and (3) deeds of trust (trust deeds), which are essentially mortgages which let the lender foreclose quickly if the borrower defaults. Another type of deed is the "deed of full reconveyance," recorded when a mortgage is completely paid off at the sale of the property or the end of the loan term.
Deeds must be notarized and "recorded" (filed) with the local county recorder, along with a Preliminary Change of Ownership form, to be fully effective. In Sacramento, the County Clerk/Recorder's Department is located at 600 8th St in Sacramento (www.ccr.saccounty.net). Deeds and the Preliminary Change of Ownership forms are available at the Law Library.
Other claims on the property, like liens, mortgages, easements and "lis pendens" (a notice that title may be affected by an ongoing lawsuit), are also recorded. Recorded deeds and claims become public documents that let anyone investigate the title to a piece of real estate ("title search"), and establish the interests in the property before it is sold or used as collateral.
To search the records on a particular piece of property, look it up by the name of the current deed holder in the "Grantor-Grantee Index" at the Recorder's office, then trace the chain of title backwards by owner. If you know the property address but not the owner, start by looking the property up at the County Assessor's office. In Sacramento, the assessor is located at 3701 Power Inn Rd., Suite 3000 (http://www.assessor.saccounty.net/).
In practice, because the process is lengthy and difficult, and because lenders will insist on a professional search, most people pay a title company to do the search for them.
SELF-HELP MATERIALThese resources are written for people representing themselves as well as for attorneys. They provide straightforward directions and often provide the forms you will need. If you still have questions, move on to the material listed in the sections below.
1. Overview
Deeds for California Real Estate (KFC 170.Z9R36; Self Help, Reference). Nolo Press is a respected publisher of self-help books. This book is a guide to choosing the right kind of deed, completing the required forms, and filing them. It also discusses related legal issues such as disclosure requirements, community property issues, and tax and estate planning. It contains forms for most transfers of property.
2. Transfers After Death
How to Probate an Estate in California (KFC 205.Z9N57; Self Help, Reference). Also by Nolo Press. This book discusses deeds, particularly in Chapter 8 ("Transferring Title to Real Property") and includes sample deeds and information on recording documents, as well as other probate topics.
How to Probate and Settle an Estate in California (KFC 205.Z9G63; Self Help). Sphinx Publications. Discusses deeds in Chapter 2, "Transferring Non-Probate Assets."
3. Sales of Real Property
How to Buy a House in California (KFC 170.Z9W37; Self Help, California Law). Nolo Press. Discusses the different forms of title available when creating a deed in Chapter 20.
4. Forms
Sample forms are available on our website:
Grant Deed
Quitclaim Deed
Sacramento County Assessor's Office
http://www.assessor.saccounty.net/Forms/SAC_ASR_DF_Owenrship_Change
Preliminary Change of Ownership Form and other forms are available here.
U.S. CourtForms: Grant deeds, quitclaim deeds, and variations can be filled out, saved and printed in the Library using this program. You can also use this program for free (with registration) from any computer connected to the Internet by visiting http://www.uscourtforms.com/.
5. Websites
LawHelp (www.lawhelpcalifornia.org) The information is searchable by state and by county. Searching "Deeds" or "Title" will bring up information on the effects of adding someone to your title or signing a grant or quitclaim deed.
Nolo Press Self-Help Law Center (www.nolo.com) Contains legal information geared to non-attorneys. The website includes a law dictionary that translates legal jargon into plain English, and guides and forms that can be downloaded to your computer for a fee. Searching for "deed" brings up a list of frequently asked questions, definitions, and links to products discussing deeds and property transfers.
Sacramento County Clerk/Recorder's Department (http://www.ccr.saccounty.net/) The section on "Recording" includes a list of frequently asked questions about the recording process and real property transfers, information on the documentary transfer tax, and the required contents of specific documents, although the site does not provide forms for your use.
Sacramento County Assessor's Office (http://www.assessor.saccounty.net/) Assessment information, property maps, and residential property characteristics for specific parcels can be viewed online with the parcel viewer application. Due to privacy concerns, ownership information is not available online or by telephone. Ownership information may be obtained by visiting the Assessor's Office at 3701 Power Inn Road, Suite 3000, Sacramento, CA, or at some public libraries.
LEGAL ENCYCLOPEDIAS & LAW SUMMARIES
Encyclopedias and law summaries provide in-depth discussion of specific topics in California law, including deeds and transfer of real property in general. They are appropriate as a starting place for researching more complex legal issues. These are mostly written for attorneys, but the self-represented may find them helpful, although you may encounter some "legalese."
Witkin's "Summary of California Law," (KFC80.W5; California Law). Witkin is a standard starting point for California research. The "Summary" covers a huge range of topics and includes discussion and case references. Real property transfers and deeds are discussed in Vol. XVII (Real Property), Chap.III (Titles), Sec. E (Deeds).
California Jurisprudence ("Cal Jur") Third (KFC80.C35; California Law). Another standard California resource covering a multitude of topics. Real property topics include:
26 Cal Jur 3d (2000 ed.), Deeds
55 Cal Jur 3d (2004 ed.), Records and Recording Laws Sec. 49 et seq.
American Jurisprudence ("Am Jur") 2d (KF154.A42; General Collection). Discusses the law throughout the United States on a wide variety of topics. Deeds are discussed in Volume 23, Section 87 et seq.
PRACTICE GUIDES
Practice guides are written for attorneys, and assume some familiarity with the law and procedure. People representing themselves may also find them useful. These materials provide detailed discussion, instructions and forms.
C.E.B., 2 Real Property Sales Transactions 3d, (KFC169 .C34; California Law) Sec. 9.6
Miller & Starr California Real Estate (KFC160; California Law), Forms Sec. 1:53 et seq.
California Forms of Pleading and Practice (KFC 1010.A65C3 v.15; California Law), Chap. 184 (Deeds)
FORMS
Formbooks contain copies and/or examples of documents and forms used in transferring property, and often discuss when to use specific forms. Several websites offer forms that can be filled out online and printed out for signature and filing or recording.
Sample forms are available on our website:
Grant Deed
Quitclaim Deed
Books:
California Civil Code § 1092 (KFC30 .W482 C63; California Law) contains a simple form of deed that can be used to transfer title.
Law Office Procedures Manual (KFC 77.L44; California Law, Reference). This reference manual includes forms for grant deeds, quitclaim deeds, deeds of trust, deeds of full reconveyance, and a Preliminary Change of Ownership form, as well as very straightforward explanations and instructions for their use.
TRG California Practice Guide: Real Property Transactions: (KFC140.A65G7; California Law), Sec. 437 et seq.; Sample Grant Deed, Form 4:A, Sample Quitclaim Deed, Form 4:B.
1 Miller & Starr California Real Estate Forms (KFC140.M53; California Law), Sec. 1:53 et seq.
Both of these California practice guides contain sample forms and discuss their use.
Websites:
Sacramento County Assessor's Office
http://www.assessor.saccounty.net/Forms/default.htm
Preliminary Change of Ownership Form and other forms are available here.
U.S. CourtForms: Grant deeds, quitclaim deeds, and variations can be filled out, saved and printed in the Library using this program. You can also use this program at no charge (with free registration) from any computer connected to the Internet by visiting http://www.uscourtforms.com/.
CALIFORNIA STATUTES
All of the materials in above sections will refer you to section(s) of the California laws (or "Codes") that officially govern the procedure(s) you are reading about. The California Code printed volumes have their own subject index. Check the "pocket part" in the back of each book you use for the latest amendments!
Codes in Book Form:
Deering's California Code Annotated (KFC 30.5.D4; California Law.)
Deering's includes model wording for forms after some of the code sections.
West's Annotated California Codes (KFC 30.W48; California Law.)
Most of the sections you will need are contained in the Civil Code. The Deering's version includes model wording for forms after some of the code sections.
Codes Online:
California Law (www.leginfo.ca.gov/calaw.html)
Check the box for Civil Code, then search by word or press Enter to browse by Table of Contents.
WEBSITES
Nolo Press Self-Help Law Center
www.nolo.com
Contains legal information geared to non-attorneys. The website includes a law dictionary that translates legal jargon into plain English, and guides and forms that can be downloaded to your computer for a fee. Searching for "deed" brings up a list of frequently asked questions, definitions, and links to products discussing deeds and property transfers.
Sacramento County Clerk/Recorder's Department
http://www.ccr.saccounty.net/
The section on "Recording" includes a list of frequently asked questions about the recording process and real property transfers, information on the documentary transfer tax, and the required contents of specific documents, although the site does not provide forms for your use.
Sacramento County Assessor's Office
http://www.assessor.saccounty.net/
Assessment information, property maps, and residential property characteristics for specific parcels can be viewed online with the parcel viewer application. Due to privacy concerns, ownership information is not available online or by telephone. Ownership information may be obtained by visiting the Assessor´s Office at 3701 Power Inn Road, Suite 3000, Sacramento, CA, or at some public libraries.
LEGAL REFERRALS
Lawyer Referral & Information Service: 564-6707, (Sponsored by the Sacramento County Bar Association, http://www.sacbarlawyer.org/). Call to set up an appointment for a 30-minute consultation with a private attorney. Fee: $50 for consultation.
updated 02/2010 kf