A QUITCLAIM DEED is a deed that conveys only the present rights or interest that a person may have in a property.

A quitclaim deed can give absolute ownership or only such title as one may hold. If there is no ownership interest, then nothing can be acquired. Note that there are no warranties; just the clause, I quitclaim. This deed is used primarily to clear a cloud on title from the records. A CLOUD ON TITLE is a claim, encumbrance or condition that impairs San Diego homes until disproved or eliminated, for example, through a quitclaim deed or a quiet title legal action. It is usually a minor defect that requires a quitclaim deed before a title insurance company will clear the transfer. A quitclaim deed is often used in divorce actions, so that one party may have clear title.

Quitclaim deeds make no "covenants" (promises); they guarantee nothing, only convey all rights the grantor may have.

1. It must be in writing.
2. The parties must be properly described.
3. The grantor must have legal capacity.
4. The property must be adequately described.
5. There must be a granting clause (action clause).
6. It must be signed by the granting party.
7. It must be intentionally delivered, and accepted by the grantee.

GIFT DEED . . . granted as a gift of love and affection. No other consideration is necessary, but is void if given to defraud creditors.

TAX DEED . . . given if property is sold as payment of past-due property taxes.

ADMINISTRATOR'S DEED OR EXECUTOR'S DEED . . . given to the purchaser of the deceased person's real property.

SHERIFF'S DEED . . . granted to the purchaser at a court-ordered sale.

TRUSTEE'S DEED . . . given to the purchaser of property at a trust deed foreclosure sale.

GUARDIAN'S DEED . . . used by a guardian to transfer the real property of minors or incompetents.

LAND PATENT . . . used by the government to grant public land to an individual.

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