Changing property ownership in California follows a generally consistent legal process across all 58 counties, but the practical requirements can vary by location. Each county may have different recording fees, forms, payment methods, filing procedures, and Recorder or Assessor office requirements. Understanding both California’s statewide property transfer rules and your county’s specific procedures can help ensure the ownership change is completed correctly.
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Before You Follow the Property Ownership Transfer Process
Before changing property ownership in California, confirm who currently owns the property, why the ownership is being changed, and what type of transfer is involved. You should also check the requirements of the county where the property is located, including recording fees, required documents, tax considerations, and any applicable ownership-change exemptions.
How to Change Property Ownership in California: Step-by-Step
Changing property ownership in California involves several steps, from choosing the appropriate deed to recording the completed document with the county. While the general process is similar statewide, specific forms, fees, and recording requirements can vary between California counties.
1. Determine Why the Ownership Is Changing
Start by identifying the reason for the property ownership change. A transfer may happen because of a sale, gift, inheritance, divorce, addition or removal of an owner, or transfer into a trust. The reason for the transfer can affect which documents are required and whether the property may be reassessed for property tax purposes.
2. Identify the Current and New Owners
Determine exactly who currently holds title and who should own the property after the transfer. Names should match the existing title records and be entered correctly on the new deed. If multiple people will own the property, you should also determine how they will hold title.
3. Choose the Appropriate Deed
The type of deed depends on the circumstances of the transfer. Grant deeds and quitclaim deeds are commonly used in California, although other types of deeds may apply to particular transactions.
A grant deed generally transfers an ownership interest with certain protections, while a quitclaim deed transfers whatever interest the grantor has without providing the same type of warranty. Choosing the correct deed is important because the document affects what interest is being transferred.
4. Obtain the Property’s Legal Description
A property deed needs an accurate legal description of the property being transferred. This information available on our property search tool.
The property’s street address alone may not be sufficient for the legal description. You should carefully compare the information with the existing recorded documents to reduce the risk of recording problems.
5. Prepare the New Deed
Complete the deed with the required information, including the grantor, grantee, property description, and other applicable details. The document should clearly identify the person transferring the property and the person receiving the ownership interest.
Errors in names, legal descriptions, or other important information can cause delays or require corrective documents later.
6. Complete the Preliminary Change of Ownership Report
California commonly uses the Preliminary Change of Ownership Report (PCOR), BOE-502-A, to collect information about a property transfer. The report helps the county assessor determine whether the transaction represents a change in ownership for property tax purposes.
The PCOR applies statewide, but the county where the property is located handles the filing and processing. If the required information is not provided when the deed is recorded, the county may request additional information.
7. Check for Property Tax Exclusions
Not every ownership transfer results in a full property tax reassessment. California has several exclusions that may apply depending on the circumstances.
For example, certain transfers involving a principal residence, family members, trusts, or inheritance may qualify for specific exclusions under California law. Proposition 19 also changed several rules involving transfers between parents and children and certain transfers involving grandparents and grandchildren.
Because eligibility depends on the specific circumstances, property owners should review the applicable California property tax rules and county assessor requirements before completing the transfer.
8. Check Documentary Transfer Tax Requirements
Determine whether documentary transfer tax applies before submitting the deed for recording. The tax can depend on the consideration involved in the transaction and the applicable county or city requirements.
Some transfers may qualify for a documentary transfer tax exemption. If an exemption applies, the appropriate statement or exemption information generally needs to be included with the recording documents.
9. Sign and Notarize the Documents
The people transferring the property must properly execute the deed. California recording requirements generally involve acknowledgment before a notary public.
Before signing, review all information carefully. Make sure the names, property description, ownership information, and other details are correct.
10. Submit the Deed to the County Recorder
The completed deed should be submitted to the County Recorder’s office in the county where the property is located.
This is one of the areas where California counties can differ. The Recorder’s office may have its own requirements concerning:
- Recording fees
- Accepted payment methods
- Submission locations
- Mail-in recording
- In-person recording
- Electronic recording
- Document formatting
- Required supporting documents
Always check the applicable county Recorder’s instructions before submitting the deed.
11. Pay the Required Recording Fees
Recording the deed generally requires payment of applicable recording fees. The amount can depend on the type and number of documents being recorded and other applicable county requirements.
Additional taxes or charges may also apply depending on the transaction. Check the county’s current fee schedule rather than relying on an old recording fee from another county.
12. Wait for the Deed to Be Recorded
After submission, the County Recorder reviews the document for recording requirements. Once accepted and recorded, the deed becomes part of the county’s official property records.
Keep the recording information and a copy of the recorded document for your records.
13. Follow Up With the County Assessor
The County Assessor reviews ownership changes for property tax purposes. A recorded deed does not automatically mean that the property’s assessed value will remain unchanged.
If the transfer represents a change in ownership that does not qualify for an exclusion, the property may be reassessed under California’s property tax rules.
14. Verify the Updated Property Record
After the transfer has been processed, check the county’s property records to confirm that the ownership information has been updated.
Depending on the county, property records may be searchable online by owner name, property address, parcel number, or other identifying information.
15. Keep Copies of All Documents
Keep the recorded deed, PCOR, tax documents, recording receipt, exemption forms, and correspondence related to the transfer.
These records can be useful later when selling the property, refinancing, handling estate matters, resolving ownership questions, or reviewing property tax information.
Does the Property Ownership Process Differ by California County?
The basic legal framework for changing property ownership is statewide, but the practical recording process can differ among California’s 58 counties.
Each county has its own Recorder and Assessor offices. Counties may differ in recording fees, office locations, payment methods, document submission procedures, online services, and instructions for particular transactions.
For this reason, you should use California’s statewide rules as the foundation of the process and then check the official Recorder and Assessor requirements for the county where the property is located.
California County Property Ownership Resources
California has 58 counties, and property ownership records are maintained at the local county level. If you are transferring property, use the county where the property is physically located rather than the county where you currently live.
Common county resources include:
- County Recorder or Clerk-Recorder
- County Assessor
- Property tax office
- County property records search
- Recording fee schedule
- Change-of-ownership information
- Documentary transfer tax information
For example, someone transferring a property in Los Angeles County should follow Los Angeles County’s recording procedures, while a property in San Diego County would follow San Diego County’s applicable procedures.
Will Changing Property Ownership Increase Property Taxes?
It can, but not every ownership transfer results in a full reassessment.
California generally reassesses property when a qualifying change in ownership occurs. However, state law provides exclusions for certain transactions.
The outcome depends on factors such as:
- Why the property is being transferred
- Who is transferring the property
- Who receives the property
- Whether the property is a principal residence
- Whether an applicable exclusion is claimed
- Whether the transfer meets Proposition 19 requirements
- Whether the property is held through a trust or other legal arrangement
Because property tax consequences can be significant, do not assume that a family transfer, gift, or trust transfer is automatically tax-neutral.
Common Mistakes to Avoid
Using the Wrong Deed
Different transactions may require different types of deeds. Using a deed without understanding its effect can create unnecessary problems.
Incorrect Names
The names of the grantor and grantee should be entered accurately. Even small differences can create issues with property records or future transactions.
Using an Incorrect Legal Description
The property’s legal description should match the appropriate existing property documents. Relying only on the street address can create problems.
Forgetting the PCOR
A required Preliminary Change of Ownership Report should not be overlooked. If it is not submitted when required, the assessor may request additional information.
Assuming Every Transfer Is Tax-Exempt
A transfer between relatives, into a trust, or as a gift is not automatically exempt from reassessment. The specific statutory requirements matter.
Ignoring County Requirements
California has statewide property transfer rules, but each county handles recording locally. Always verify the current Recorder and Assessor instructions for the property location.
Using Outdated Fee Information
Recording fees and county procedures can change. Check the current official county fee schedule before submitting your documents.
How Long Does It Take to Change Property Ownership?
The time required depends on the type of transaction, preparation of the documents, and the county’s recording process. Simple transfers may move through the recording process relatively quickly, while transactions involving probate, trusts, estates, or additional documentation can take longer.
Recording the deed and updating the assessor’s property record are also separate administrative steps, so the county’s ownership information may not change at exactly the same time the deed is recorded.
Can You Change Property Ownership Without Selling the Property?
Yes. A property does not have to be sold for its ownership to change.
Ownership can potentially change through a gift, inheritance, trust transfer, addition or removal of an owner, divorce-related transfer, or another qualifying transaction.
However, each situation has different legal, recording, and property tax considerations.
Frequently Asked Questions
Do all California counties use the same property transfer process?
The basic process is similar throughout California, but individual counties can have different recording fees, office procedures, payment methods, forms, and local requirements.
Do I need a lawyer to change property ownership in California?
Not every ownership transfer requires an attorney. However, professional legal or tax advice can be useful when the transfer involves multiple owners, trusts, inheritance, divorce, significant tax consequences, or complicated title issues.
Where do I record a property deed in California?
The deed is generally recorded with the county Recorder or Clerk-Recorder in the county where the property is located.
Does changing the name on a property deed change ownership?
It can, depending on the document and circumstances. A change involving the legal ownership interest generally needs to be properly documented and recorded.
Does adding someone to a deed create a change in ownership?
Adding an individual to title can constitute a change in ownership for property tax purposes. However, California law contains exclusions for certain qualifying transfers.
Can I transfer my California property to my child?
Property can be transferred to a child, but the transfer may have property tax consequences. Proposition 19 and other California rules determine whether a qualifying exclusion applies.
Can I transfer property into a trust?
Yes, property can be transferred into certain trusts. The property tax treatment depends on the trust and the circumstances of the transfer.
Is a quitclaim deed enough to transfer property?
A quitclaim deed can transfer whatever ownership interest the grantor has, but whether it is appropriate depends on the transaction. It does not provide the same type of title protection associated with some other deeds.
What happens after the deed is recorded?
The recorded deed becomes part of the county’s official property records. The County Assessor can then review the transfer for property tax purposes and determine whether reassessment or an exclusion applies.