Many actions we take affect the ownership interests in real estate. Unlike ownership of other types of property, with real estate, you need to take extra steps to change the deeds involved to protect your interests.
For instance, if you divorce and one spouse keeps the family home, the other spouse should be removed from the deed. Or if you create a revocable living trust to avoid probate, you need to change the deed to real estate that you are transferring into the trust. Regardless of other documents in place, recording a new deed is essential in these and other situations.
Huizenga Law helps individuals and businesses ensure that they have the right deed to transfer title where it needs to be to accomplish objectives. In every transaction, we strive for efficiency to respect your time and your resources.
Types of Deeds in Iowa
A deed legally transfers ownership (title) of real estate from one person, entity, or group to another person, entity, or group. Depending on the situation, your attorney might recommend one of three main types of deeds.
General Warranty Deed
Often referred to simply as a warranty deed, this type of deed comes with a series of promises. The seller is warranting that:
- The person conveying the property owns it fully (in fee simple)
- They have clear title to sell the property
- Any applicable liens or encumbrances are described in the deed
- The property is free from any other liens and encumbrances
- The person conveying the property will defend the real estate against lawful claims except as stated in the deed
Because of these comprehensive warranties, a general warranty deed offers the most protection for the buyer. This type of deed is most commonly used in real estate sales transactions.
Limited Warranty Deed
When a seller cannot or does not want to make full guarantees of the ownership interest they are conveying, they might use a special or limited warranty deed. This type of deed only warrants that there have been no title defects during the time the seller or grantor has owned the property.
Quit Claim Deed
When family members are transferring property between them, or a former spouse is divesting their interest after a divorce, a quit claim deed is usually used to complete the transaction. With this type of deed, the person conveying their interest doesn’t make any promises about their ownership interests. They merely specify that any and all ownership interests they do have are being transferred in the deed.
If you are transferring ownership of real estate into a revocable living trust, you might use a quit claim deed, for instance, because you do not need to make a warranty to yourself about the validity of the title.
Huizenga Law Will Create the Right Deed for your Needs
The experienced team at Huizenga Law can advise you about when you need to create a new deed and the type of deed that best fits the transaction. If you don’t need the full protection of a warranty deed, a quit claim deed can save time and money.
We can tailor the degree of protection to your specific situation. Contact us today to get started.