| Type of Deed |
Interests Conveyed |
Warranties |
General Warranty Deed*
|
Entire (100%) by Seller If there are more than one grantee (besides husband and wife), this is considered tenancy in common. Each party owns an equal interest unless other wise stated. A tenant’s in common interest can be sold or devised in a Will. |
Seller warrants that he/she has good title and will warrant and defend title |
| General Warranty Deed (with Survivorship Rights) |
Couples who hold title to property as unmarried, but wish to have Survivorship Rights. Each party has a full ownership interest in the property. The property will pass instantly to the survivor upon the death of the other without probate. Conveyance by one party without the other breaks the joint tenancy |
Seller warrants that he/she has good title and will warrant and defend title. |
| Special Warranty Deed |
Used in special circumstances such as the transfer of property within a family or because of a divorce |
No provision for warranties or defending title. |
| Quit Claim |
Used in special circumstances such as the transfer of property within a family or because of a divorce |
No provision for warranties or defending title by grantor |
| Joint and Survivorship |
Most married couples hold title to property in both names as tenants by the entirety. Each party has a full ownership interest in the property. The property will pass instantly to the surviving spouse upon the death of the other spouse without probate. Conveyance by one party without the other breaks the joint tenancy or may not be conveyed at all if it is considered community property. |
Provision made for warranty of title by grantor. |
| Certificate of Transfer |
Used to transfer interest of a decedent to a family member or spouse when the deed to title does not have ships rights and/or there is no will. |
No provisions for warranty of title by survivor- grantor |
| Executor’s or Administrator’s |
Used to transfer interest of deceased party when devised in a will. |
May or may not contain warranty of title. |
| Sherriff’s Deed |
Used to transfer property in a foreclosure action. |
Foreclosure actions Wipe out all interest of all prior owners and lien holders.
Deed may or may contain warranty of title. |
|
*A single buyer generally takes title in his or her name alone. At a later date, a new deed may be created for tenancy in common or tenancy by the entirety if he/she wishes.
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