🔍 Understanding What a Deed Is

A deed is a legally binding document that transfers ownership interest in real estate from one party (the grantor) to another (the grantee). Deeds are recorded in public records and must meet specific legal requirements to be valid.

Different types of deeds offer varying levels of protection, risk, and assurance depending on how ownership is conveyed. Choosing the right type of deed is essential for ensuring your real estate transaction is valid and legally enforceable.

📝 Key Types of Deeds

1. Quitclaim Deed

A quitclaim deed transfers any interest the grantor may have in a property without guaranteeing that they actually own it or that the title is free from claims. It offers no warranties and is best used:

  • Between family members

  • After marriage or divorce

  • To transfer property into or out of a trust

  • To correct title errors

⚠️ Risk: The grantee gets no legal assurance. If the grantor has no ownership, the grantee receives nothing.

2. General Warranty Deed

This is the most protective type of deed for the grantee. The grantor:

  • Guarantees full legal ownership

  • Ensures the title is free of liens or claims

  • Covers the entire ownership history of the property

✅ Ideal for: Real estate purchases between unrelated parties.

3. Special Warranty Deed

Provides a limited warranty. The grantor guarantees that:

  • They have not encumbered the property

  • They have legal ownership only during their period of ownership

📌 Common in: Commercial real estate transactions.

📂 What’s Included in a Deed?

All valid property deeds typically include:

  • Legal description of the property

  • Names of the grantor and grantee

  • Date of execution

  • Signatures of both parties, usually notarized

  • Filing with the appropriate county recorder’s office

Once recorded, a deed becomes a public document, completing the legal transfer of ownership.

⚖️ How a Quitclaim Deed Works

Quitclaim deeds are fast, simple, and inexpensive to prepare, but they carry higher legal risks. Since they provide no guarantees, they should be used only when there is strong trust between the parties.

Examples include:

  • A parent transferring a home to a child

  • A spouse adding their partner to the title

  • Correcting clerical errors or changing names after marriage

🔐 Important: Title insurance is generally not available when a quitclaim deed is used.

🤔 When Can a Deed Be Challenged or Reversed?

Deeds, including quitclaim deeds, can be nullified under certain conditions:

  • Mutual agreement: Both parties agree to cancel or reverse the deed

  • Fraud or coercion: The deed was signed under duress or deception

  • Mistake or error: Clerical or legal errors in execution or recording

A court may be required to intervene in these cases.

⚠️ Risks of Using the Wrong Type of Deed

Using the wrong deed—or using a deed incorrectly—can:

  • Leave the grantee with no ownership rights

  • Expose both parties to legal disputes

  • Prevent a valid sale, refinance, or inheritance transfer

That’s why it’s essential to consult with a real estate attorney before executing or accepting any deed.

✅ Best Practices When Using a Deed

  1. Know which type of deed fits your situation

  2. Get legal guidance for complex or high-stakes transfers

  3. Notarize and record the deed properly to avoid future challenges

  4. Perform a title search before transferring or accepting any interest

📅 Need Help With a Deed? Let’s Talk.

Whether you're transferring property to a family member, handling a divorce, or buying a home, using the correct deed is crucial. Our attorneys help you:

  • Choose the right type of deed

  • Prepare and file the deed correctly

  • Avoid costly mistakes that could affect your ownership

📞 Call us at (425) 998-7295
📧 Email: info@tnguyenlaw.com
🔗 Book a Consultation Now

Law Office of Theresa Nguyen, PLLC
Trusted Legal Guidance for Deeds, Real Estate, Probate, and More.