{"id":894,"date":"2020-06-16T06:00:43","date_gmt":"2020-06-16T10:00:43","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=894"},"modified":"2025-05-15T08:52:34","modified_gmt":"2025-05-15T12:52:34","slug":"transferring-a-deed-without-a-lawyer-heres-what-you-should-know","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/transferring-a-deed-without-a-lawyer-heres-what-you-should-know\/","title":{"rendered":"Transferring a Deed Without a Lawyer? Here\u2019s What You Should Know"},"content":{"rendered":"\n
\"Two<\/figure>\n\n\n\n

A deed, of course, is a legal document representing property\nownership. But you might be wondering if an owner can transfer a deed to another\nperson without a real estate lawyer. The answer is yes. Parties to a\ntransaction are always free to prepare their own deeds. If you do so, be sure\nyour deed measures up to your state\u2019s legal regulations, to help avert any\nlegal challenge to the deed later. <\/p>\n\n\n\n

Some deeds require more expertise than others. A quitclaim deed<\/a>, for example, is far simpler than a warranty deed. Let\u2019s take a closer look.<\/p>\n\n\n\n\n\n\n\n

Choose Your Deed<\/h2>\n\n\n\n

When residential properties are sold on the real estate\nmarket, buyers expect to receive general warranty deeds. <\/em>The general\nwarranty deed promises that no unmentioned lienholders exist who might have claims\nto the property; it means the owner is free to sell the home. Warranty deeds\nare used in \u201carm\u2019s length\u201d transactions \u2014 between people who don\u2019t know each\nother apart from the real estate deal. <\/p>\n\n\n\n

Further, the general warranty deed is an assurance that the\nseller will defend the buyer’s title against anyone else\u2019s claim that might arise\n\u2014 even stemming from a time before<\/em> the seller first took title to the\nhome. So, before transferring a general warranty deed, the owner has to resolve\nall mortgages, tax liens, judgment liens and other relevant debts and encumbrances.\n<\/p>\n\n\n\n

If you are transferring property under a general\nwarranty or similar deed<\/a>, it’s wise to seek professional assistance.\nA lot goes into the assurances of a cloud-free title. Various offices and\ninsurance policies play their part. In complicated real estate deals, a title\nsearch is necessary, and title\ninsurance<\/a> serves to cover any undiscovered defects.  <\/p>\n\n\n\n

In contrast, some transfers are simpler and more conducive\nto a transfer without a lawyer or real estate agent. When transferring property\nto a family member or into a living trust, for example, or from a company\u2019s\nowner to the business, a quitclaim can be quickly prepared and will get the job\ndone. The quitclaim deed is also used to take clouds off a title. If\nsomeone could make a claim to the property, that person could sign a quitclaim\nto confirm they hold no competing claim. <\/p>\n\n\n\n

When you use a quitclaim deed to transfer property, you make\nno guarantees. Under a quitclaim deed, you transfer whatever interest you hold\n(if you do, in fact, hold any at all) to the other person. You\u2019re not<\/em>\npromising clear title. You\u2019re not <\/em>agreeing to protect the recipient from\ndefects\nin the title<\/a> that might become problems in the future. <\/p>\n\n\n\n

Wills, of course, are another way to transfer a deed, and a\nwill can be written without a lawyer. A will is also a good way to pass a home\non after death, to be sure an heir gets a stepped-up cost basis and receives a break\non capital gains tax<\/a>. But a will has no effect on deeds if their\ntitles are vested in certain ways. Read on to review the ways an owner\u2019s title\ncan be vested. <\/p>\n\n\n\n

Consider How Your Property Is Vested<\/h2>\n\n\n\n

While a deed evidences the transfer of property, a title states\nhow the ownership is held. The title sets forth the capacity of an owner to offer\nan interest in the home as collateral for mortgages, and to transfer the whole\ninterest, or a portion of their property interest, to someone else in the\nfuture.<\/p>\n\n\n\n

Title can be held by a sole owner. When there are more\nthan one, the co-owners may have various ways to vest the title: <\/p>\n\n\n\n