California Real Estate SalespersonTransfer of PropertyEasy
A divorcing spouse wants to release any interest they might have in a jointly titled property to the other spouse, without making any claims about the quality of title. Which deed is most appropriate?
- AWarranty deed
- BQuitclaim deed
- CTrust deed
- DGrant deed
Show answer & explanationAnswer & explanation
Correct answer: B. Quitclaim deed
A quitclaim deed conveys only whatever interest the grantor currently holds, if any, without any warranties of title. It is commonly used to clear up potential claims, such as between divorcing spouses, since it makes no representations about the property's title status.
Why the other options are wrong
- A. A warranty deed provides full title guarantees, which is unnecessary and inappropriate here.
- C. A trust deed is a financing instrument used to secure a loan, not to transfer ownership interest.
- D. A grant deed carries implied warranties and is used when the grantor is affirmatively transferring owned title.
Quitclaim Deed
A deed that conveys only the grantor's present interest, if any, in a property without any warranties of title.
- No implied or express warranties
- Commonly used to clear title clouds or release spousal/co-owner interests
- Does not guarantee the grantor actually owns anything
Memory trick: Quit-claim means 'I quit claiming, whatever I have (if anything) is yours'