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COMPLETING AND RECORDING DEEDS
Adding or Changing Names on Property
This Guide includes instructions and sample forms. Copies of this Transfers after Death
Guide and related forms may be downloaded from: This guide does not cover
www.saclaw.org/recording-deeds changes due to the death of
a property owner. You will
BACKGROUND need either an Affidavit of
Any time owners make a change to the title of real estate, they must Death or a probate order in
record a deed with the County Recorder. This Step-by-Step guide such cases.
outlines the requirements and provides samples with instructions.
California mainly uses two types of deeds: the “grant deed” and the “quitclaim deed.” Most other
deeds you will see, such as the common “interspousal transfer deed,” are versions of grant or
quitclaim deeds customized for specific circumstances. Since the interspousal deed is so commonly
requested, we are including a sample in this guide.
A grant deed is used when a person who is on the current deed transfers ownership or adds a name
to a deed. The grantor(s) promise that they currently own the property and that there are no hidden
liens or mortgages.
A quitclaim deed (sometimes misspelled “quick claim”) is used
when someone gives up (waives or disclaims) ownership rights Warning about adding names
in favor of another person. The grantor may or may not be on If you add a name or sign a
the current deed. A quitclaim deed is often used in divorces or quitclaim deed, the grantee
inheritance situations, when a spouse or heir gives up any becomes an owner. You can’t
potential rights to real estate. The grantor is giving up their own change your mind without their
rights, if any, but not promising anything else. signature.
An interspousal deed is used between spouses or registered If you are adding them as part
domestic partners (“DP”) to change real estate to or from of a credit repair or loan deal, it
community property. Spouses/DPs can use grant or quitclaim may be a scam.
deeds to do the same things, but the interspousal deed makes If you are adding an heir, a
it clear that the transaction is intended to affect community living trust or Transfer on Death
property rights. Deed lets you name them to
inherit without giving up control.
STEP BY STEP INSTRUCTIONS
Step 1: Locate the Current Deed for the Property
You will need information from the current deed. If you need a copy of the current deed, contact the
Recorder’s Office where the property is located. In Sacramento, call (916) 874-6334.

Disclaimer: This Guide is intended as general information only. Your case may have factors requiring
different procedures or forms. The information and instructions are provided for use in the
Sacramento County Superior Court. Please keep in mind that each court may have different
requirements. If you need further assistance consult a lawyer.
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Step 2: Determine What Type of Deed to Fill Out for Your Situation
To transfer ownership, disclaim ownership, or add someone to title, you will choose between a “grant
deed” and a “quitclaim deed.” Spouses/domestic partners transferring property between each other
may choose an “interspousal deed.” Blank deeds are available at www.saclaw.org/forms.

The deed I need is not on your list! Warranty, joint tenancy, easement, etc.
Warranty deeds are rarely used in California. The grantor promises to pay for any lawsuits or
damages due to undisclosed ownership disputes. In California this is usually covered by title
insurance.
Other types of deeds, such as joint tenancy deeds, corporation deeds, easement deeds, or mineral
rights deeds, are usually customized grant deeds. You can customize our grant deed format for
most of them. Consult an attorney or come to the Law Library to research appropriate text.
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Step 3: Determine How New Owners Will Take Title

One, unmarried owner: leave blank
If there is only one new owner, and that person is unmarried, title can usually be left blank, although it
doesn’t hurt to state “a single person” or “a widow” or the like.
If there is more than one new owner, you are moving the real estate into or out of a trust, or the new
owner is married, the form of title can have important effects.
More than one owner: owners are not a married couple or registered domestic partners (DP).
Ex.: relatives who inherit property together, business partners, couples who are not married/DP.
• “Tenants in common” (When one dies, their heirs get their share; probate may be needed.
Shares do not need to be equal. Any owner can sell or
mortgage their portion.)
I’m not a tenant,
• “Joint tenants” (When one dies, the other gets 100%
I’m the owner!
automatically. Shares must be equal. Any owner can sell or
mortgage their portion.) “Tenant in common” and
“joint tenant” are just old-
If you leave this blank, the default is “tenants in common.”
fashioned phrases that
For married couples and registered domestic partners, if both lawyers still use. In this
own the property, the choices are context they refer to the
owners.
• “Community property” (Both must agree to sell or mortgage.
At death, 50% to surviving spouse/DP, 50% to heirs)
• “Community property with rights of survivorship (WROS)” (Both must agree to sell or
mortgage. At death, 100% to surviving spouse/DP.)
• “Joint tenants” (When one dies, the other gets 100%. Shares must be equal. Either spouse/DP
can sell their portion. May receive less favorable tax treatment when first spouse/DP dies.)
If you leave this blank, the default is “community property.”
There are more advantages and disadvantages to each form of title. Your choice of title can have
many effects later, such as when you sell, when one spouse/DP passes away, or if you divorce,
including:
• higher property taxes
• higher capital gains taxes
• how the property would be divided in a divorce
• whether the property can be seized or liened for one spouse/DP’s separate debts.
If you have questions about which form of title to use, talk to a family or estate lawyer or research
your options at the law library.
If only one spouse/DP owns the property (because that person already owned it when they got
married or it was a gift or inheritance), they can make that clear by using the phrase “as his or her
sole and separate property.” Note that if any money earned during the marriage is spent to purchase,
make mortgage payments, maintain, or improve the house, the community owns a share regardless
of what it says on the deed.

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Step 4: Fill Out the New Deed (Do Not Sign)

Filled-out samples of each type of deed are attached at the end of this guide.
The deed should be filled out online, typed, or neatly written in dark I don’t want this person
blue or black ink. You will need the following information: to be an owner! I just
 Assessor’s Parcel Number. want them to inherit my
 Document Transfer Tax amount or exemption code. home, or help their
 Names of “grantors” (the current owner(s) signing the deed) credit rating, or help my
or of the disclaiming party(ies). credit rating, or...
 Names of “grantees” (all new and continuing owners). Adding a person’s name
If you add a name, that person legally becomes an owner. can lead to tax issues,
You cannot change your mind without their signature. liens on the property for
 Form of title the grantees will use (for grant and interspousal their debts, disputes and
deeds). delays if one owner wants
 The legal description of the property. to sell or mortgage the
Here are some common issues while filling out deeds. property, and more.

Documentary transfer tax If you are trying to avoid

probate, you may want to
When property changes hands, the county charges a one-time tax look into a living trust or
of $.55 per $500 of the value of the real estate (1.1%). Some kinds a Transfer on Death
of transfers are exempt. If yours is exempt, enter the Revenue and (TOD) Deed. See our
Taxation code that provides the exemption, and an explanation, TOD Deed guide for more
then sign. If yours is not exempt, calculate the dollar amount and info about that option.
write it in.
Common exemption codes and explanations:
• Gift (transferring property, or adding name to property, without compensation):
Code: “R&T 11911” Explanation: “Gift.”
• Living Trust (transfer into or out of revocable living trust):
Code: “R&T 11930” Explanation: “Transfer into or out of a trust”
• Name Change (confirming name change after marriage or court-ordered name change):
Code: “R&T 11911” Explanation: “Confirming change of name, the grantor and grantee are the
same party.”
• Conveyances in dissolution of marriage:
Code: “R&T 11927” Explanation: “Dissolution of marriage.”
Other exemptions are available. See the list of “Transfer Tax Exemptions” on the Sacramento
Recorder’s website at www.ccr.saccounty.net/Documents/TransferTaxExemptions.pdf.
Note: as of January, 2018, there will be an additional $75 fee on mortgage refinances and other real
estate transactions, other than home and commercial property sales. Contact your county recorder’s
office to determine the total amount you will need to pay.

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Identifying grantors and grantees
Updating deeds after
Grantor(s): The current owner or person a name change
transferring the property rights or part of the
property rights. This is the person or people If you change your name, deeds made out to your
who will sign this deed. old name should be updated. Record a grant deed
as follows:
Grantee(s): List all people who are
[New Name], formerly known as [Old Name],
receiving property rights from the
hereby grants to [New Name]
grantor(s). If the grantor is staying on title,
be sure to list the grantor’s name as one of Ex: Chris Moore changes his name to Chris Jones:
the grantees also.
It’s often helpful to include the grantors’ and
grantees’ marital status.
Here are common ways to identify
grantor(s)/grantee(s):
Unmarried person or people:
[Name(s)], or [Name], an unmarried (or single) man/woman/person
Ex: Jeffery Marcus Kim, Paul George Kim, and Helen Mary Lee or
Jill Pham, a single person
Couple who are married or registered domestic partners (DP):
[Name 1] and [Name 2], a married couple or husband and wife or [Name 1] and [Name 2], registered
domestic partners
Ex: Pat Orr and Ann Orr, husband and wife or
James Robert Smith and Geoffrey Laber, registered domestic partners
One person, who is married or a DP, but signing deed or taking title without spouse/DP:
[Name], a married man/woman/person or a registered domestic partner
Ex: Ann Orr, a married woman or
Geoffrey Laber, a registered domestic partner
Trustee:
[Name of trustee] as trustee of the [name and date of trust as written in trust documents]
Ex: Art Li Jr., as trustee of the Arthur Li Senior and June Li Family Trust dated May 1, 2012
Partnership:
[Name on file as fictitious business name, if any] or [names of partners], a partnership
Ex: Elm Street Books, a partnership or
Janet Smith and Mark Baker, a partnership
Corporation or LLC:
[Name of corporation], a [state of incorporation] corporation or
[Name of LLC], a [state of registration] limited liability company
Ex: Acme, Inc., a California corporation or
Acme, LLC, a California limited liabilitycompany

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Forms of Title for Multiple Owners
When there is more than new one owner, you will need to specify the form of title. It’s also helpful if
the new owner is a married person or domestic partner. (See Step 3 for more information about the
different forms of title.) Here are examples using common title phrases:
• as tenants in common (default for unmarried owners, will be used if line is blank)
• as joint tenants
• as community property (default for married/DP owners, will be used if line is blank)
• as community property with right of survivorship
• as separate, not community property or as sole and separate property (separate property
owned by one spouse/DP).

No form of title for one owner

Joint tenants selling to a married woman, Single woman selling to a married couple, who will own
who will own it as separate property it as community property WROS

No form of title for one owner

Distributing property from a trust to the heirs, who

receive unequal shares as tenants in common

Legal Description
This is the full description of the property, not just the address. It may be brief or very long and full of
legalese. It must match the current deed exactly. You may want to photocopy it and attach it to the
new deed as an exhibit, especially if it is too long to fit on the page.

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Step 5: Grantor(s) Sign in Front of a Notary

The grantees do not need to sign. The notary will charge a fee for this service. You can find notaries
at many banks, mailing services, and title companies.

Step 6: Fill Out the Preliminary Change of Ownership Report (PCOR)

The PCOR is required when property changes hands, to update the tax records. Turn it in at the
Recorder’s Office along with the deed. You can download a Sacramento version of the PCOR at
www.capropeforms.org/counties/Sacramento/form/BOE-502-A/. Each county has its own version;
contact the assessor’s office in the county where the property is located to obtain the proper form.

Step 7: Record the Deed and File the PCOR at the Recorder’s Office
The Recorder’s Office charges a recording fee (currently $21/first page plus $3 for additional pages).
Current Sacramento fees are available at the County Clerk/Recorder’s website at
www.ccr.saccounty.net/Pages/Fees.aspx.

Step 8: File Reassessment Exclusion Claim, if any, at the Assessor’s Office

When property changes hands, it is reassessed for tax purposes, often causing a sizeable increase in
property tax for the new owner.
Certain transfers are excluded from reassessment, including:
• Parent to child or child to parent (“Prop 58” exclusion)
• Grandparent to grandchild (but not vice versa)
• Transfers between spouses or registered domestic partners during marriage or as part of a
property settlement or divorce
• Changes in method of holding title that do not change ownership interests (for instance,
changing joint tenants into tenants in common)
If your transfer is excluded from reassessment, you may need to file a claim with the County
Assessor. For more information in Sacramento, call the Assessor’s office (916-875-0750) or visit the
Sacramento Assessor’s office website at www.assessor.saccounty.net.

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FOR HELP
Senior Legal Hotline
Toll Free: (800) 222-1753; Sacramento County: (916) 551-2140
www.seniorlegalhotline.org/
Free legal assistance for Sacramento residents age 60 and over on almost any civil issue, including
property transfers and deeds.

FOR MORE INFORMATION

On the Web:
Sacramento County Clerk-Recorder’s Office
www.ccr.saccounty.net/
Sacramento County Assessor’s Office
www.assessor.saccounty.net
Nolo.com
“Interspousal Transfers vs Quitclaim Deed”
Self-help information about the differences between these two deeds.
At the Law Library:
Deeds for California Real Estate KFC 170 .Z9 R36
This book, published by Nolo Press, a respected publisher of self-help legal books, 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.
Electronic Access: From any computer (Law Library or home) via the Legal Information Reference
Center. Instructions are available on our website at www.saclaw.org/nolo-ebooks.
Miller & Starr California Real Estate Forms KFC 140 .M53
Sections 1:133-1:137 offer language for grant, interspousal, quitclaim, and easement deeds.
Electronic Access: From Law Library, on Westlaw.

California Real Property Practice Forms Manual KFC140.A65 C34

A range of sample forms for specific situations such as easements, mineral rights, and more.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE
MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.

H:\public\LRG-SBS\SbSs\Deeds\sbs-completing-and-recording-deeds.docx Revised 8/17 kf

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ATTACHMENTS: FORMS AND INSTRUCTIONS

Deeds must be in a format that the Sacramento County Clerk/Recorder’s Office will accept.
Customizable templates may be downloaded from these links:
• Grant Deed
www.saclaw.org/wp-content/uploads/form-grant-deed.rtf
• Quitclaim Deed
www.saclaw.org/wp-content/uploads/2015/03/form-quitclaim-deed.rtf
• Interspousal Deed
www.saclaw.org/wp-content/uploads/form-interspousal-grant-deed.rtf
Sample filled-in forms with instructions are attached on the following pages.

You will also need:

• PCOR (Preliminary Change of Ownership Report)
www.capropeforms.org/counties/Sacramento/form/BOE-502-A/
Download the PCOR from this link or obtain it from the county assessor (they are different in each
county). A sample filled-in Sacramento PCOR with instructions (www.saclaw.org/wp-
content/uploads/PCOR-instructions.pdf) is available on our website.

You may also need reassessment exclusion forms from the assessor’s office.
Check with your local assessor’s office to determine if you need to file exclusions from reassessment
and if so what forms are required. In Sacramento, you can find out about reassessment exclusions
and download forms on the Sacramento County Assessor’s website at:
• Change in Ownership Reassessment Exclusions Including Transfers Between Family
Members
www.assessor.saccounty.net/ExemptionExclusion/Pages/ExclusionsMoreInfo.aspx

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Sample Grant Deed with Instructions
Recording requested by (name): Filling out Documentary Transfer Tax box:
[Name(s) of new owner(s)] • Line 1: enter the amount of Doc. Transfer Tax due, or
And when recorded, mail this deed and tax $0 if exempt.
statements to (name and address): • Line 2: If you are paying $0, put the Cal. Rev. & Tax
[Name(s) of new owner(s)] code exempting you in the 2nd line. Otherwise leave
blank.
[Mailing address of new owner(s)] • Line 3-4: If you are paying $0, explain why briefly.
[Mailing Address City, State, ZIP] Otherwise leave blank.
• Signature: You (or your agent if any) sign the last line.

DOCUMENTARY TRANSFER TAX $ [1] .

GRANT DEED
EXEMPTION (R&T CODE) [2] .
APN: [Assessor’s Parcel Number] EXPLANATION [3] .
Find this on the [4] .
current deed. Signature .
Signature of Declarant or Agent determining tax
For a valuable consideration, receipt of which is hereby
acknowledged, Examples:
• Mary Campbell and John Walsh,
GRANTOR(S) [Name(s) of owner(s) signing deed], . tenants in common
(Owner(s) who are signing deed) • Than Nguyen, an unmarried woman
[form of title if needed] ]• Bob Roberts, as trustee of the
Roberts Family Trust dated Jan. 1,
2010
hereby grant(s) to GRANTEE(S) [New owner(s). Include current if staying on title]
(New Owner(s))

as [Form of title, if needed]

Examples: joint tenants; tenants in common; community property; community
property with right of survivorship (WROS); as trustee of the [trust name] Trust

the following real property in the City of [city] , County of [county] ,

California: (insert legal description) Find this on the
[Enter legal description as written on most recent deed. current deed.
If you prefer, type (or photocopy) the description on a Example:
separate page labeled “Exhibit A,” attach it, and enter Lot 14 of Blackacre
Addition to the City
“See Exhibit A” in this space]. of Sacramento, as
Sign in front of notary. delineated on the
Date: [date of signature] _____________________________________________
(Signature of declarant)
map of said
addition, recorded
[Name of current owner] .
January 30, 1965,
(Typed or written name )
in Book 625, Page
Sign in front of notary. 013065.
Date: [date of signature] _____________________________________________
(Signature of declarant)

[Name of second current owner, if needed] .

(Typed or written name )

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Sample Quitclaim Deed with Instructions

Recording requested by (name):
Filling out Documentary Transfer Tax box:
[Name(s) of new owner(s)] • Line 1: enter the amount of Doc. Transfer Tax due, or
And when recorded, mail this deed and tax $0 if exempt.
statements to (name and address): • Line 2: If you are paying $0, put the Cal. Rev. & Tax
[Name(s) of new owner(s)] code exempting you in the 2nd line. Otherwise leave
[Mailing address of new owner(s)] blank.
[Mailing Address City, State, ZIP] • Line 3-4: If you are paying $0, explain why briefly.
Otherwise leave blank.
• Signature: You (or your agent if any) sign the last line.

QUITCLAIM DEED DOCUMENTARY TRANSFER TAX $ [1] .

EXEMPTION (R&T CODE) [2] .
APN: [Assessor’s Parcel Number] EXPLANATION [3] .
[4] .
Find this on the Signature .
current deed. Signature of Declarant or Agent determining

For a valuable consideration, receipt of which is hereby acknowledged,

Examples:
[Name(s) of person giving up rights] • Mary Campbell and. John Walsh,
(Disclaiming Party(ies)) • Than Nguyen, an unmarried woman
• Bob Roberts, as trustee of the
hereby quitclaim(s) to [Name(s) of person receiving rights] Roberts Family Trust dated Jan. 1,
(Property Owner(s)) 2010
the following real property in the City of [city] , County of [county] ,
California: (insert legal description)
Find this on the
[Enter legal description as written on most recent deed. current deed.
If you prefer, type (or photocopy) the description on a Example:
separate page labeled “Exhibit A,” attach it, and enter Lot 14 of Blackacre
Addition to the City
“See Exhibit A” in this space]. of Sacramento, as
delineated on the
map of said
Sign in front of notary. addition, recorded
Date: [date of signature] _ _____________________
(Signature of declarant) January 30, 1965,
in Book 625, Page
[Typed or written name] e
013065.
(Typed or written name of declarant)

Only disclaiming person(s) must sign.

Date: _____________________ _____________________________________________
(Signature of declarant)

_____________________________________________
(Typed or written name of declarant)
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Sample Interspousal Deed with Instructions
Recording requested by (name): Filling out Documentary Transfer Tax box:
[Name(s) of owner(s)] • Line 1: enter the amount of Doc. Transfer Tax due, or
And when recorded, mail this deed and tax $0 if exempt.
statements to (name and address): • Line 2: If you are paying $0, put the Cal. Rev. & Tax
code exempting you in the 2nd line. Otherwise leave
[Name(s) of owner(s)] blank.
[Mailing address of owner(s)] • Line 3-4: If you are paying $0, explain why briefly.
[Mailing Address City, State, ZIP] Otherwise leave blank.
• Signature: You (or your agent if any) sign the last line.

INTERSPOUSAL TRANSFER DEED DOCUMENTARY TRANSFER TAX $ [1] .

Find this on the EXEMPTION (R&T CODE) [2] .
APN: [Assessor’s Parcel Number] current deed. EXPLANATION [3] .
[4] .
There is no consideration for this transfer.
Signature .
Signature of Declarant or Agent determining tax
This is an Interspousal Transfer and not a change in
ownership under Section 63 of the Revenue and Taxation Code. Grantee has checked the applicable
exclusion from reappraisal:
☐From joint tenancy to community property; Check the appropriate box. If the community or
☐From one spouse to both spouses; one spouse/DP is giving up all rights to the other
☐From one spouse to the other spouse; spouse/DP, also check the last box to indicate
☐From both spouses to one spouse; deliberate waiver of community property rights.
☐ Other: ____________________________________________________________________
☐ Check when creating separate property interest in grantee spouse: It is the express intent of the
grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor,
community or otherwise, in and to the herein described property to the grantee as his/her sole
and separate property.
GRANTOR [name of spouses/DPs giving up rights] hereby grant(s) to GRANTEE [name of
spouses/DPs receiving rights] the following real property in the City of [city name or
Unincorporated area],County of [county name] , California: (insert legal description)
Find this on the
[Enter legal description as written on most recent deed. current deed.
If you prefer, type (or photocopy) the description on a Example:
separate page labeled “Exhibit A,” attach it, and enter Lot 14 of Blackacre
“See Exhibit A” in this space]. Addition to the City
of Sacramento, as
Sign in front of notary. delineated on the
Date: [date of signature] _______________________________________
(Signature of declarant) map of said
[Typed or written name] __addition,
_____ recorded
(Print name) January 30, 1965,
in Book 625, Page
Date: _______________________ 013065.
_______________________________________
(Signature of declarant)
_______________________________________
(Print name)

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PCOR questions
Confusing terms:
• Buyer/Transferee = New owner(s)
• Seller/Transferor=Former owner(s)
The form is set up primarily for sales. If this transaction is a gift or inheritance, some of the language
will seem awkward. All sections should be filled out even for gifts.
Part 1: TRANSFER INFORMATION
These options are reasons your transfer may be excluded from reassessment under Prop 13.
Check either “Yes” or “No” for all options. Usually zero or one will apply, and the rest will be “No.”
In some cases, no statement applies (for instance sales, gifts between siblings, etc.) Such transfers
will trigger reassessment.
Part 2: OTHER TRANSFER INFORMATION
In Part 2B, only one option should apply.
Part 2C is asking if the owner added someone but did not take themselves off (ex: adding someone
as a joint tenant).
Part 3: PURCHASE PRICE AND TERMS OF SALE
Fill this out even if you did not pay a “purchase price.” If this transfer is a gift, put $0 in 3A and
skip to Part 4.
Note: A “gift” means that no money, property, or services changes hands. Swapping property, taking
over mortgage payments or bond payments, or adding someone because they agree to live with you
as a caretaker are not considered gifts.
If it is a gift, the donor should ask their tax advisor whether they must file a gift tax return this year.
Part 4: PROPERTY INFORMATION
Fill this out even if you did not pay a “purchase price.” Describe the property being transferred,
any included personal property (appliances are common), whether there is a manufactured (mobile)
home on the property; and whether the property generates rental income.
More Information
A sample filled-out PCOR can be downloaded on our website (saclaw.org/wp-content/uploads/PCOR-
instructions.pdf).
For more information see “Frequently Asked Questions: Change in Ownership.” from the California
Board of Equalization (www.boe.ca.gov/proptaxes/faqs/changeinownership.htm)

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