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What are the different kinds of deeds?

QUESTION:

I’m about to be divorced and my husband is going to keep our ugly little house. My husband wants me to sign a quitclaim deed, my boyfriend thinks I should sign a grant deed and my mother says "get a warranty!" What’s the difference?

ANSWER:

Generally speaking, there are three types of deeds used to transfer real estate ownership interests: the general warranty deed, the special warranty deed and the quitclaim deed. The difference among these deeds is the scope of the covenants of title given by each.

Some states use "grant deeds" and by statute these are usually defined to have covenants of title similar to the general warranty deed. Perhaps your boyfriend is from California where Grant Deeds are commonly used.

The usual covenants for title contained in a general warranty deed are:

1) "Covenant of seisin" that the grantor (seller) has both the title to and possession of what she is transferring.

2) "Covenant of right to convey" that the grantor has the authority to make the transfer of title.

3) "Covenant against encumbrances" that the grantor covenants against the existence of physical (e.g., encroachments) or title (e.g., mortgages) encumbrances.

4) "Covenant for quiet enjoyment" that the grantee (buyer) will not be disturbed in possession by a third party’s lawful claim of title.

5) "Covenant of warranty" that the grantor agrees to defend against reasonable and lawful claims of title by a third party and to compensate the grantee for any loss sustained by the claim of superior title.

6) "Covenant for further assurances" that the grantor promises to perform acts reasonably necessary to perfect the title conveyed.

By statute, the use of the word "grant" in a "special warranty deed" creates, in many states, two limited assurances against acts of the grantor only (not her predecessors). These are 1) that the grantor has not conveyed the same property, or any interest in it, to anyone other than the grantee; and 2) that the property is free from any encumbrances made by the grantor.

A quitclaim deed contains the least assurances by the grantor and releases simply "whatever interest" the grantor has. There are no covenants of title implied by a quitclaim deed.

Which deed to choose depends on the particular transaction and parties involved. One type of deed might be acceptable in one instance, but totally unacceptable under a different set of circumstances.

This information is not intended as specific legal advice to anyone and is based upon facts that change from time to time. Individuals should seek legal counsel before acting upon any matter involving the law.

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