Quit claim deeds are used to quickly change ownership on a property title and are commonly used between family members and to transfer property into a trust. Because they do not provide guarantees against title defects, they are usually the quickest and easiest solution for naming new property owners.
General warranty deeds guarantee that the property title is free and clear of any liens and other defects (unless stated in the deed) and that the grantor owns proper title to the property. These guarantees make general warranty deeds ideal for property sales.
A special warranty deed (or "limited warranty deed" in some states) is similar to a general warranty deed, except that there are no guarantees against any liens and defects that may have occurred prior to the grantor becoming an owner.
Property deeds are useful for quickly and easily transferring title to real estate to a new owner. LegalNature's property deed form allows you to choose between creating either a general warranty deed or a quit claim deed.
As opposed to quit claim deeds, which make no warranties, general warranty deeds make warranties to the buyer that the seller—called the grantor—is the rightful owner, the property is free from encumbrances, and the grantor will defend the title against claims from others. Review the following instructions for additional help completing your deed.
Remember, the grantor is the party that owns the property and is selling or transferring title to the grantee. Grantors and grantees may be either individuals or business entities.
The general rule when answering these questions is to add one grantor for each current property owner that will be transferring title or otherwise changing his or her ownership interest; for instance, by adding a family member to share title. Note that if a grantor wants to remain an owner of the property and simply wishes to add additional owners on the title, then that grantor should be included as a grantee as well.
For example, if a married couple wishes to add their daughter as an owner, then each spouse would be named as a grantor and all three individuals will be named as grantees.
You will need to specify whether each grantor and grantee is a married individual, a non-married individual, a trustee, or a business.
If a party is receiving the property as a trustee, then the trustee should be named as the grantee, not the trust itself. The deed will state that the trustee is receiving the property on behalf of the trust. If there are multiple co-trustees, you may list the name of any one of the trustees. If a business is receiving the property, then you will name the business as the grantee and enter the name of the agent who will sign on behalf of the business. The agent should be someone with proper authority to sign binding contracts on the behalf of the business, such as an owner, executive, or manager.
You will be asked whether the grantee or grantees are receiving title as sole owners or co-owners. You should select "Sole owner" only if no other person will share ownership with the grantee after the deed is signed. Select "Co-owner" if more than one person or business will share ownership of the property with the grantee after the deed is signed. This would be the case, for example, if the grantor is a tenant in common and is transferring his or her interest to the grantee. The other tenants in common would not necessarily join in the deed as grantors, since only the grantor is changing his or her interest.
Here you should indicate what type of joint property interest the grantees are receiving. Depending on your state, you can choose between a tenancy in common, a joint tenancy, a tenancy by the entirety or community property interest, and a partnership.
A tenancy in common is a joint property interest in which each tenant (property owner) owns an undivided share in the whole property. Each tenant may transfer his or her interest without the need for the other tenants to join in the deed. When a tenant dies, his or her share passes according to their will or under state intestacy law when no will exists. Multiple businesses sharing ownership often choose to own as tenants in common due to the simplicity and flexibility of these ownership interests.
A joint tenancy is the same but with a few important differences. First, each tenant owns an equal interest. So if there are four joint tenants, then each has a 1/4 ownership interest in the property. Also, a joint tenant may not sell or transfer his or her interest without the consent of the other tenants. This means that all joint tenants must sign as grantors when transferring or changing ownership and must sign together as grantees when receiving ownership. Lastly, each tenant has the right of survivorship, so when a joint tenant dies, his or her interest automatically passes to the other joint tenants in equal shares.
Tenancy by the entirety and community property interests are basically identical in nature and only differ in name. They are both similar to a joint tenancy but are for married couples. The same rules apply, including right of survivorship.
If California businesses are sharing ownership, then they can consider choosing a partnership interest, which is similar to a tenancy in common but may offer certain advantages under state law.
Record your deed with your local land title office, usually known as the County Recorder’s Office or County Clerk’s Office. Each county has its own unique filing requirements. Therefore, we recommend contacting your office by phone or email in order to verify that you have met their requirements.
Normally, only the grantor needs to sign a property deed. However, a few counties also require the grantee to sign the deed, especially in Kentucky.
You will need to provide some basic information in order to complete your property deed. This includes the names and addresses of all the parties involved, the legal description of the property, the sale price (if any), and other basic transaction information.
Use the information you collected to complete your property deed. Our questionnaire guides you through this process, providing helpful information on each step.
Read your property deed to ensure that it is free of mistakes and omissions. Textual edits may be made by downloading and opening your deed in Microsoft Word or Google Docs.
In most counties, only the person transferring title (called the “Grantor”) will need to sign the deed. A few counties also require the party receiving title (called the “Grantee”) to sign it.
All signings must be done in front of notary, and your state or county may require additional witnesses as well. For property sales, this is normally done at closing with the escrow agent.
Filing the deed in the county public records is required to protect the transaction and the new owner. The office that manages this is usually located in the county courthouse. Common names for this office include the County Clerk’s Office, Land Registry Office, County Recorder’s Office, or Register of Deeds. There is often a small fee per page filed. The clerk will normally stamp the deed, make a copy, and give the original deed back to you.