Attorney for Titling and Deeds in California

California Titling & Deeds

Titling and deeds in CA are a central part of real estate transfers and transactions of residential and commercial property. It is critical to make sure you understand what they are, how they differ, and the roles they play with regard to ownership rights. Being informed is your best way to make smart real estate decisions and avoid challenges to your property interests.

At Bay Legal, PC, our real estate attorney in California understands the challenges and complexities of titles and deeds. Let us answer your questions by calling 650-374-7900 or filling out our online contact form to schedule a consultation.

Titling and Deeds in CA Real Estate

While holding title and a deed to property may seem like the same thing, they are actually two different legal concepts.

• Titles are the concept that you have ownership rights to a specific property. How you take title matters when there is more than one person taking title because it impacts your rights when you want to sell it or transfer it to another person if something happens to you.
• Deeds are the physical evidence of who has title to what specific property, but there’s more than one type of deed. Some deeds provide warranties while others do not.

Titles Defined

When you discuss title to a property, you are referring to an individual’s right to use and own that property. When you hold title, you have legal rights and responsibilities to that property. Titles can be held by individuals, and they can be held by more than one person. For example:

• A married couple can both hold title to the same property.
• Corporations, partnerships, organizations, and trusts can also hold title to property.

In summary, titles represent the legal right to use and modify the property, and that right can be attached to more than one person or entity.

Clean Titles

When a person purchases real estate, they typically conduct a title search to ensure the title is clean—free of liens or encumbrances. Many parties to a real estate transaction in CA purchase title insurance to protect against financial losses from title defects. When disputes regarding ownership arise, a quiet title action is performed.

Deeds Defined

A deed is a physical legal instrument that records the sale or transfer of property. It must comply with the laws of the jurisdiction where the property is located. A deed is executed by:

• Grantor: The seller or person transferring the property.
• Grantee: The buyer or recipient of the property.

The deed provides evidence of who has title to the property. Grantors may transfer property using one of three types of deeds:

1. General Warranty Deed
2. Special Warranty Deed
3. Quitclaim Deed

Each type represents different levels of guarantees or knowledge regarding the property’s title.

Three Common Ways to Take Title in CA

When acquiring real estate, your rights and responsibilities depend on how the title is taken, especially if shared with others. Below are three common methods in California:

1. Tenants in Common

• Ownership is shared, but interests do not need to be equal (e.g., one owner has 25% and the other 75%).
• Each owner can convey or gift their interest without consent from the others.
• When an owner dies, their heirs inherit their portion of the property.
• Commonly used by unmarried individuals.

2. Joint Tenants with the Right of Survivorship

• Ownership is shared equally among multiple owners.
• When one owner dies, their share automatically transfers to the surviving owners, avoiding probate.
• Typically used by unmarried couples or family members.

3. Tenants by Entirety

• Exclusively available to married couples.
• Operates like joint tenants with survivorship but offers additional protections against a deceased spouse’s creditors.

Understanding Quiet Title in CA

A quiet title action resolves disputes regarding property ownership or clears technical defects in the title.

Technical Defects with Title

During a title search, issues like liens, easements, or incorrect legal descriptions may be found. For example:

• A title chain may omit part of the property description.
• A quiet title action resolves these errors, ensuring clear ownership.

Ownership Disputes

If someone believes they have ownership rights, they can assert their claim during a quiet title action or be forever barred. For example:

• An eighth sibling not listed in a deed can challenge ownership during the quiet title process.

Understanding the Different Types of Deeds in CA

A deed transfers property from the grantor to the grantee. The three main types are:

General Warranty Deeds

• Provides the grantee the highest level of protection.
• The grantor guarantees to defend the grantee against any future claims to the property.

Special Warranty Deeds

• Offers limited protection, guaranteeing no defects were created by the grantor during their ownership.
• Common in foreclosures and bank-owned property sales.

Quitclaim Deeds

• Transfers any interest the grantor has without guarantees or warranties.
• Commonly used among family members or for title adjustments (e.g., adding children to a deed).

Contact a Real Estate Attorney in California Today

Having a property law attorney on your side ensures your transaction goes smoothly, disputes are avoided, and the process complies with all laws. They can help you:

• Take title in the best manner for your needs.
• Ensure the appropriate deed is timely recorded.

Contact Bay Legal, PC today by calling 650-374-7900 or filling out our online contact form to schedule your consultation. We are here to help. Click the button below to get started.