In Nebraska, real property can be transferred from one party to another by executing a special (or limited) warranty deed. These instruments are accepted but not statutory in Nebraska. Special warranty deeds convey an interest in real property to the named grantee with covenants that the title is free of any encumbrances (except for those stated in the deed); that the grantor holds an interest in the property and is free to convey it; and that the grantor will warrant and defend the title against the lawful claims and demands of all persons claiming by, through, or under the grantor, but none other. In short, a special warranty deed affirms that the grantor took no action to restrict or harm the title while they owned the property, but makes no promises about what happened before then.
A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Nebraska residential property, the primary methods for holding title are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more persons is presumed to create a tenancy in common, unless a joint tenancy is expressly stated (Neb. Rev. Stat. 76-118).
As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The deed must meet all state and local standards of form and content for recorded documents.
Sign the deed in the presence of a notary public or other authorized official. Both spouses sign the deed to release marital rights, regardless of whether or not the spouse holds a direct interest in the property. For a valid transfer, file the deed at the recording office in the county where the property is located. Contact the same office to confirm accepted forms of payment.
All transfers of real property are subject to a documentary stamp tax. The tax is due at the time of recording. If the transfer is exempt under Neb. Rev. Stat. 76-902, note the reason on the face of the deed and fill out a certificate of exemption.
This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions related to special warranty deeds, or for any other issues regarding transfers of real property in Nebraska.
Deeds.com Nebraska Special Warranty Deed Forms Have Been Updated as Recently as Friday March 22, 2019
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