A grant deed is the document most often used to transfer real estate in California. The owner signing it (the grantor) transfers their interest to the person receiving it (the grantee), and the word “grant” carries two built-in promises: the grantor has not already transferred the property to someone else, and has not secretly loaded it with liens of their own. For co-owners, the grant deed is how a buyout closes, how title is held, and often the first document a court reads in a partition action.
What Is a Grant Deed in California?
A grant deed names the grantor and grantee, describes the property, and is signed by the grantor. It also states how the new owners will hold title, such as joint tenants or tenants in common. That vesting language matters later, because it controls rights of survivorship and is the starting point for each co-owner’s share. Under Evidence Code section 662, the owner of legal title is presumed to own the full beneficial title, and only clear and convincing evidence can overcome that.
Unless the deed says otherwise, a grant passes complete ownership. Civil Code section 1105 provides that “[a] fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.”
What Does a Grant Deed Promise?
Under Civil Code section 1113, using the word “grant” in a deed that passes fee simple title implies two promises, and only two, unless the deed expressly limits them:
- No earlier transfer. Before signing, the grantor “has not conveyed the same estate,” or any interest in it, to anyone other than the grantee.
- No hidden encumbrances from the grantor. The property is free from encumbrances “done, made, or suffered by the grantor, or any person claiming under him,” such as a loan or lien the grantor took out.
The grantee can sue on these promises as if they were written into the deed. They are narrow, though. They do not promise that the grantor had good title to begin with, and they do not cover problems created by earlier owners. That protection comes from title insurance, which is why a buyer still orders a title policy even with a grant deed.
A grant deed has one more advantage. Under Civil Code section 1106, if someone grants property in fee simple before actually owning it, any title they acquire later passes automatically to the grantee.
Grant Deed vs. Quitclaim Deed
A quitclaim deed transfers whatever interest the signer has at that moment, if any, with no promises at all. Here is how the two compare:
| Grant deed | Quitclaim deed | |
|---|---|---|
| Promise of no earlier transfer | Yes | No |
| Promise of no liens created by the signer | Yes | No |
| Title the signer acquires later | Passes to the grantee | Generally does not pass |
| Typical use | Sales and co-owner buyouts | Transfers between family members or spouses, and clearing up title |
For a co-owner paying real money to buy out a sibling or former partner, a grant deed is the better choice. If the departing co-owner quietly borrowed against their share, the grant deed gives the buyer a claim against them; a quitclaim deed does not.
Does a Grant Deed Need to Be Recorded?
Not to be valid between the grantor and grantee. Under Civil Code section 1054, “[a] grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.” Signing alone is not enough; the deed must be delivered.
Recording is what protects the grantee against everyone else. Under Civil Code section 1214, an unrecorded deed is void against a later buyer or lender who pays value in good faith and records first. Before the county recorder will accept a deed, the grantor’s signature must be acknowledged before a notary under Government Code section 27287. In some cases, that can be done by remote online notarization.
Co-owners run into this more than anyone. A sibling signs a deed to another sibling, it sits in a drawer, and years later the signer dies or changes their mind. Our article on unrecorded deeds in partition actions explains the fallout. Record the deed when the buyout closes, ideally through escrow.
Can a Grant Deed Remove a Co-Owner From Title?
Only if that co-owner signs it. A grant deed is a voluntary transfer, so it works when the co-owners agree, for example:
- One co-owner buys out the other and receives a grant deed to the departing owner’s share.
- Heirs agree that one sibling will keep the inherited house and the others deed their shares to that sibling.
- Former partners settle and one signs a grant deed to the other.
Each co-owner can deed away their own share without the others’ consent, but no one can deed away the whole property alone. When the other owner refuses to cooperate, see how to remove a co-owner from title without their signature.
Grant Deeds in a Partition Action
A partition action is the court process that ends a co-ownership when the owners cannot agree, and any co-owner can file one to force a sale. A refusing co-owner’s signature is not needed. In a partition by sale, the court appoints a referee, and once the sale is confirmed, Code of Civil Procedure section 873.790 directs the referee to sign and record the deed to the buyer. Our article on elisors and partition referees explains how the referee signs everything the holdout will not.
Most partition cases settle before trial, and the settlement usually closes with a grant deed from one co-owner to the other in exchange for a buyout payment. Before that money changes hands, make sure the deed, the loan payoff, and the offsets and credits are all handled in escrow, and do not dismiss the case until the deal closes, as explained in our article on settling a partition action.
Talk to a California Partition Attorney
If your co-owner will not sign a deed, a partition action can end the co-ownership without it. Talkov Law can help. With 12 full-time partition attorneys and experience in over 650 partition actions throughout California, our team helps co-owners end disputes over jointly owned real estate. Call (877) PARTITION (727-8484) today or contact us online to get started.
