Before signing a quitclaim deed for your spouse, you need to understand that you’re giving up whatever ownership interest you have in the property, with zero guarantees, zero warranties, and no way to take it back once it’s recorded.
California is the most populous state in the country, home to over 39 million people and some of the most expensive real estate in the world. Property transfers here happen constantly, during divorces, after marriages, and as part of estate planning, and the state has its own specific filing requirements around them.
Before you use a quitclaim deed in California, you need to complete a Preliminary Change of Ownership Report and a Documentary Transfer Tax statement, notarize the grantor’s signature, and record everything with the County Recorder’s Office where the property sits. Miss any of those steps, and you’re looking at title complications down the road that are expensive and time-consuming to fix.
What Should Every Spouse Know about a Quitclaim Deed?
Here’s what you actually need to know before you sign:
What Does a Quitclaim Deed Actually Do?
It transfers whatever ownership interest you currently have in the property to your spouse. That’s it. It doesn’t promise the title is clean. It doesn’t confirm you have full ownership. It does not even check for liens, unpaid taxes, or any other claims on the property at all.
Under California Civil Code § 1093, a quitclaim deed conveys all of the grantor’s present interest in the property but carries no covenants of title. That’s the legal way of saying the recipient takes it exactly as-is, problems included.
This is why quitclaim deeds work well between spouses who trust each other and already know the property’s history.
It Does Not Touch the Mortgage
This is the part people get wrong most often. Signing a quitclaim deed removes your name from the title. It does nothing to the mortgage. Those are two separate legal agreements.
If your name is on the loan, you’re still on the hook for the payments, even after you’ve signed away your ownership. If your spouse misses payments after you’ve transferred the property to them, the lender can still come after you. Your credit is still at risk.
The only way to actually separate yourself from the mortgage is through a refinance in your spouse’s name alone.
Until that happens, you remain financially tied to a property you no longer own. Make sure this does not catch you off guard during a divorce.
Once It’s Recorded, Reversing It Is Hard
A recorded quitclaim deed is legally binding. Once that deed is recorded, it’s done. There’s no room to change your mind.
If you want the property back, your spouse has to willingly sign another deed transferring it to you. And if they won’t, you’re looking at taking it to court.
Even then, judges don’t overturn these things easily. You’d have to show that fraud, coercion, or a serious mistake was made in the process. That’s a hard case to win and a very expensive one to pursue.
Under California Government Code § 27280, deeds must be recorded with the county to be effective against third parties. Once that recording happens, the transfer will become public record. This would also mean that it is now legally enforceable.
Don’t Sign Before the Divorce Is Final
If you’re in the middle of a divorce in California, signing a quitclaim deed before everything is settled is a significant mistake. The house is usually one of the biggest assets in the marriage.
Hand over your ownership before the full agreement is locked in and you lose your negotiating leverage. Whatever was discussed verbally doesn’t matter once that deed is signed; the document is what controls.
Wait until the settlement is finalized, put in writing, and ideally approved by the court. The deed should be one step in a complete, structured agreement, not a standalone decision made before everything else is sorted.
Key Takeaways
- A quitclaim deed transfers your ownership interest to your spouse with no warranties and no title guarantees.
- Under California Civil Code § 1093, the grantor conveys only their present interest and nothing more.
- Signing the deed does not remove you from the mortgage. Only a refinance does that.
- Once recorded under California Government Code § 27280, reversing the transfer requires either mutual agreement or a court order.
- Don’t sign before a divorce is finalized because you will lose ownership and negotiating leverage at the same time.
