Warranty Deed. With this deed, the seller guarantees that he or she owns the property being transferred. [1] X Research source If the seller does not actually hold title, then the buyer can sue for compensation. A warranty deed provides the buyer with the most protection. You should use it if you don’t know the seller. [2] X Research source Quitclaim Deed. With a quitclaim deed, the seller transfers whatever interest in the property that they own. However, the seller does not promise that it actually owns the title to the property. [3] X Research source Because quitclaim deeds provide less protection, they are usually used to transfer property between family members or between close friends. Grant Deed. With a grant deed, the seller promises that the title hasn’t been transferred to someone else. [4] X Research source Grant deeds are not available in all states.
If you don’t have a copy of the deed in your possession, you should go to the Recorder of Deeds office in your county and get a copy. The description of property will be listed under “Legal Description” or “Description. ” The property will usually be written as metes and bounds, which usually begins with the following language: “Commencing for reference at the dividing line between the City of. …”[5] X Research source
You can get the tax number from your property tax bill or by visiting the local tax assessor’s office.
Your county town office. You can stop in and ask if they have a blank deed form available. Online. There are many deed forms online. You should look for a copy from a reputable source, such as a bar association of attorneys or from your county government. Books. There are books or compact discs of legal forms for sale at many retailers. They often have blank deed forms you can use.
The form should read something like the following: “This deed, made on June 1, 2015 between Michael J. Smith (‘Grantor’) and Alice K. Jones and Adam Y. Jones (‘Grantees’). ”
Tenants in common. The grantees can take unequal shares. For example, you might transfer property to two siblings, one of whom will take 70% ownership and the other will take 30% ownership. Either person can sell their share when they want. Also, when one owner dies, their share can be left to whoever they want. Language to create a tenancy in common would read: “Grantor, for a valuable consideration, conveys to Grantees, Alice K. Jones and Adam Y. Jones, as tenants in common, the following described real estate, together with rents, profits, fixtures, and other appurtenant interests, in Dane County, State of Wisconsin (‘Property’):” Joint tenants. The grantees take equal shares. When one dies, the other grantee gets the share automatically. Sample language: “…to Grantees, Alice K. Jones and Adam Y. Jones, as joint owners with rights of survivorship, and not as tenants in common. …”[7] X Research source Tenants by the entirety. This is also called “community property. ” Each spouse owns the whole property and neither can transfer their right in the property without the consent of the other spouse. [8] X Research source Sample language: “…to Grantees, Alice K. Jones and Adam Y. Jones, husband and wife, as tenants by the entirety, and not as tenants in common…. ”[9] X Research source
Language to create a tenancy in common would read: “Grantor, for a valuable consideration, conveys to Grantees, Alice K. Jones and Adam Y. Jones, as tenants in common, the following described real estate, together with rents, profits, fixtures, and other appurtenant interests, in Dane County, State of Wisconsin (‘Property’):”
Sample language: “…to Grantees, Alice K. Jones and Adam Y. Jones, as joint owners with rights of survivorship, and not as tenants in common. …”[7] X Research source
Sample language: “…to Grantees, Alice K. Jones and Adam Y. Jones, husband and wife, as tenants by the entirety, and not as tenants in common…. ”[9] X Research source
If you use an attachment, clearly label the piece of paper “Attachment A. ” Make sure that you describe the property accurately. Have someone else look at the description on the current deed and the description you have typed into the transfer deed. If the description is different, then the deed will probably be invalid.
You can get a referral to a real estate lawyer by calling your local or state bar association and asking for a referral. You should be particularly careful when trying to transfer a deed to a couple as joint tenants. The law in this area is fairly complicated, and you could benefit from a lawyer’s advice. [10] X Research source If you don’t want to pay for the lawyer, then the buyers could pay for the lawyer to look over the deed.
To find out if you need witnesses, you should read your state’s law. It should be published online. You can search by typing “your state” and “real estate transfer witnesses” into your favorite web engine. You can also stop by your county manager’s office and ask if they know whether you need your deed witnessed. If you get a printed form from the county, then check if there are signature lines for witnesses. If there are, then you should get witnesses.
You can also find a notary by visiting the American Society of Notaries website and using the Locator function. Type in your address to find the nearest notary. [14] X Trustworthy Source American Society of Notaries Non-profit organization providing education, training, and supplies to notaries in the United States. Go to source If the property is owned by more than one person, then all owners must sign the deed. To make things easy, you can all go to the notary public at the same time.
All people who are signing the deed need personal identification. You should expect to pay the notary a small fee for his or her services.
County Recorder’s office Land Registry office Registrar of Titles Register of Deeds
You will have to pay a fee in order to record the new deed. [16] X Research source You should call ahead and ask the clerk the amount and acceptable methods of payment.
Each state has its own rules on who pays the transfer tax. In some states, such as Maine, the tax is divided equally between the grantor and the grantee. In others, like New York, the grantor pays the tax. [18] X Research source
If you don’t receive a copy of the deed after eight weeks, you should call the Recorder’s office and ask.
