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Transferring Property Rights through Deed

Deed is a legal instrument used to grant a right. It refers to a document used to transfer ownership of a property to another person. It provides the names of the old and new owners along with a legal description of the property being conveyed. Is deed always required for property transfer? The interest in the property cannot be conveyed without having a written documentation of the transfer. Hence a deed is most often required for the transfer of real property. However, in certain situations like a divorce, a document (a court order in case of divorce) other than a deed can be used to transfer property. What can be done to make the deed valid? In order to make the deed valid, one needs to follow the laws of the state or city. This is why it is better to use a deed prepared by an attorney who is aware of the legal aspects. Generally there are two parties to a deed - the grantor transferring the property and the grantee receiving the title/interest conveyed. In most states, only the grantor has to sign the deed after which it is taken to the notary public who will sign and stamp it. The notary public verifies whether the signature on the deed is genuine. The deed is then recorded at the office of the County Recorder. What are the different types of Deed? There are various types of deeds required for different purposes in different states. A general idea about each type of deed is given below. Quit Claim Deed: A document used to transfer any or all legal rights that the grantor has in the property. But the deed provides no warranty regarding the extent of the grantor's interest in the property. Know more Warranty Deed: Through this deed, the grantor transfers all his rights on property to the grantee. Either it warranties clear title (title free of any lien or defects) to the property or whatever is stated on the deed. Know more Grant Deed: It helps to convey legal rights to the grantee. It provides the guarantee that the title has not been transferred to any other person except the grantee and that the title is free from any lien attached to the property. Fiduciary Deed: Using this deed, a fiduciary such as trustee, guardian or executor transfers property to the grantee. This legal document implies that the fiduciary has acted within the powers allotted to him. Deed is necessary to effect the transfer of title/interest in a property. It acts as a proof of the grantee gaining access to the property rights. The type of deed chosen depends upon the circumstances under which the property is to be transferred. Related Readings Habendum Clause ensures transfer of absolute title Related Forums Discussion Role of deed while transfering a property

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colleen sheridan Guest 0.10 Dollars($)	Post subject: can't find the deed to my house i am looking at selling my condo, but I need to find the deed to my house and I can't... is there anyway to get a copy of the deed , if so , who do i contact?
Samantha Community Mentor Joined: 16 Sep 2005 Posts: 1606 Location: MASSACHUSETTS 150.38 Dollars($)	Post subject: can't find the deed to my house Hi Colleen, Welcome to MortgageFit Forums. Was the deed recorded at the County's Register of Deed Office? If it was recorded then, you can get a certified copy of the original deed from their office. You can obtain it either in person or through mail. If you face problems in doing so or the deed was not recorded then contact a real estate attorney or the Title Insurance Co. or the Real Estate Office to prepare a new deed. God bless you. For MortgageFit, Samantha _________________ Know how to compare lenders with mortgage booklet Last edited by Samantha on Tue Jun 06, 2006 10:31 am
pavlova Guest 0.10 Dollars($)	Post subject: I think it's better to contact an attorney and do as per his suggestions in this case. At least I would have done that as I am not so comfortable with the legal matters. _________________ Need help choosing the right loan? Get free consultation from community lenders/consultant
teri Guest 0.10 Dollars($)	Post subject: incorrect ownership on deed..only a party Hi I recently was looking at our deed because our mtg is almost paid off..I noticed they just recorded my husband name and not mine..the mtg is only in his name but I pay it monthly and run the house..the downpayment was from my acct also..Iam upset and was wondering how I can correct this..our mtg is almost paid off..I called the bank and they said theywill send out a form to fill out so the title is recorded with both names..but my hub may not want to do this..what other options do I have..I pay all the bills and mtg every month..my name..I am very upset about this error..I live in ny...thanks
Susanne Guest 0.10 Dollars($)	Post subject: Hi teri! I understand that you are quite upset over the whole issue. But in my opinion, you should wait for the bank to send the form. See what happens after you fill in the form. If your issue is resolved then its good and in case its not resolved then you can contact a lawyer
Tuxx Guest 0.10 Dollars($)	Post subject: Deed My partner has been living with me for three years rent free because I own the house with no morgage. My friend feels that she has no rights to the house if something were to happen to me. Plus I want her to feel the house is as much hers as it is mine. I wish to share the deed of the house with her so that she doesn't feel that she's loosing money and time invested on working on the house. I'm concerned about putting her on the deed and then her leaving me. What are my rights then? Can I put her on the deed as owning a percentage (ex:20%) so that if she were to leave, she would be able to get back what she put into the house? Can a deed be written up any way that both parties are comfortable with? I want to share the house with her and have a great relationship. How do people work this legally out? Thank you so much for any time and convenience towards this matter. Holly
Tuxx Guest 0.10 Dollars($)	Post subject: Deed Adding a friend to the house deed?
Niicss Joined: 03 Oct 2005 Posts: 2961 Location: New Jersey 465.63 Dollars($)	Post subject: Hi Tuxx You can add your friend to the deed of the property with the help of a quitclaim deed. With the help of the deed you can also give her only 20% of the property ownership. You will get sample deed forms online but I would suggest you to take the help of an attorney. He will be able to draft the deed in a better way. Thanks. _________________ Good is the Enemy of Great.
Guest 0.10 Dollars($)	Post subject: transfer of property Can propety be passed from a deceased estate to a benefeciary without being transfered first to the surviving spouse. Or should transfer follow a certain succession?
sui Guest 0.10 Dollars($)	Post subject: document I paid off my mortgage loan last month(Jan 2009). Do I get any document from the lander to proof that my loan has been paid off.
sui Guest 0.10 Dollars($)	Post subject: document I paid off my mortgage loan last month (Jan 2009). Do I get any document from the lander proof my loan has been paid off?
jasonbdls Guest 0.10 Dollars($)	Post subject: warranty deed we just bought a house and they only put my wife on the deed.why would they do that and what happens if something happens to her.
Niicss Joined: 03 Oct 2005 Posts: 2961 Location: New Jersey 465.63 Dollars($)	Post subject: Hi, To Guest, The property will be transferred to the person whose name is mentioned in the will. Then that person can transfer the property to anyone he/she wishes to. To sui, Congratulations! It's great to hear that you paid off the mortgage. The lender will give you a mortgage release certificate as a proof of the fact that you have paid it off. To jasonbdls, You can ask your wife to add your name to the property deed with the help of a quitclaim deed. If something happens to her, the property will go to that person whose name is mentioned in her will. If there is no will, then you can file an affidavit of heirship to transfer the property in your name. Thanks.
TK Guest 0.10 Dollars($)	Post subject: Deed with father Since December 2007, I share a deed for property with my father, which is worded "tenants in common" and not "joint tenants with rights of survivorship". Recently, my father had a serious health issue requiring he go to an assisted living facility -- he is now refusing treatment and wants to take me off of the deed. Can he legally do this since I technically own half of the house?

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