Wyoming Special Warranty Deed

In Wyoming, title to real property can be transferred from one party to another using a special warranty deed. When recorded, a special warranty deed conveys an interest in real property to the named grantee with limited warranties of title.

Special warranty deeds are statutory conveyances under Wyo. Stat. Ann. 34-2-136. A special warranty deed conveys real property in fee simple to the grantee and contains a covenant from the grantor that the property is "free from all encumbrances made by that grantor" (34-2-137). This means that the deed will not protect the grantee against title issues that arose prior to the time the grantor acquired title. The covenant guarantees that the grantor will "forever warrant and defend the title of the property in the grantee, the grantee's heirs and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor, but against none other" (34-2-137). The deed must contain the specific granting language "conveys and specially warrants" in order to establish this covenant.

A lawful special warranty deed includes the grantor's full name, mailing address, and marital status, the consideration given for the transfer, and the grantee's full name, marital status, vesting, and mailing address. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For Wyoming residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance of real estate to two unmarried persons creates a tenancy in common, unless another intention is clearly specified (34-1-140). Tenancy by entirety is only available to married couples, and is the presumed vesting unless otherwise stated.

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 finished copy of the deed must be signed by the grantor and notarized. Record the original completed deed, along with any additional materials, with the clerk's office of the county where the property is located. Contact the same office to verify accepted forms of payment.

All Wyoming conveyances require a completed Statement of Consideration. Find this form on the county clerk's website, or through the Wyoming State Board of Equalization website. It is the responsibility of the buyer (or the buyer's agent) to fully complete the Statement of Consideration (34-1-142) and to pay any applicable transfer taxes.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a Wyoming lawyer with questions about special warranty deeds or any other issues related to the transfer of real property.

(Wyoming SWD Package includes form, guidelines, and completed example)