Delaware Property Deed

What Is a Property Deed in Delaware?

A Delaware property deed is a legal document that transfers real property from the grantor (current owner) to the grantee (new owner). To be recorded in Delaware, the deed generally must be signed by the grantor and acknowledged before a notary public. Most Delaware property deeds fall into one of the following categories:

1. Quit Claim Deed: This deed type is usually used to quickly change ownership on a property title. It is common between family members and for transfers into a trust. Because quit claim deeds do not provide guarantees against title defects, they are usually the quickest and easiest solution for naming new property owners.
2. General Warranty Deed: This type of deed guarantees that the grantor owns proper title to the property. It also guarantees the title is free of liens and other defects, unless the deed states otherwise. These guarantees make general warranty deeds ideal for property sales.
3. Special Warranty Deed: Also known as a "limited warranty deed," this type of deed is similar to a general warranty deed. However, it does not guarantee against liens or defects that arose before the grantor owned the property.

When to Use a Property Deed in Delaware

If you want to change the names on a property's title in Delaware, you will most likely need to prepare a deed. Since each type of deed has different legal implications, your choice of deed will depend on your specific needs. For example, a quit claim deed does not guarantee against title defects. It tends to be used for quick transfers between parties who know and trust each other.

Quit claim deeds are generally not used for normal sales of real estate between unknown parties. Instead, sellers typically use a general warranty deed or special warranty deed, which gives the buyer more reassurance.

Signing and Recording Requirements in Delaware

Delaware requires the grantor to sign the deed and acknowledge it before a notary public (Del. Code tit. 25, § 122). Delaware does not require separate witnesses. Once the deed is signed, record it with the local land records office where the property is located. Keep these Delaware requirements in mind before you file:

• Formatting rules such as margins and cover pages can vary by recording office, so check local requirements before you file.
• Put the tax parcel number, the preparer's name, and a return address in the first-page heading (Del. Code tit. 9, § 9605).
• Include the grantee's address (Del. Code tit. 25, § 133).
• Do not staple the pages of your deed together, and keep all signatures original rather than copied, printed, or stamped.