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Wyoming Special Warranty Deed

Wyoming Special Warranty Deed Information

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.

Deeds.com Wyoming Special Warranty Deed Forms Have Been Updated as Recently as Monday January 16, 2023

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Peter F. said: It was outstanding, seriously, I had 3 e mail correspondences asking for information and providing feedback within 2 hours and was ready for submission at that point. I paid the invoice online and by the end of the day I had electronic verification that Registry of Deeds had processed my documents. That work is good stuff ! Pete

Reply from Staff: Glad we could be of assistance Peter, thank you for the kinds words. Have an amazing day!


James H. said: Very satisfied. Download was easy, completing the form was easy, got our signatures notarized and submitted it to the register of deeds. The only item was that the register of deeds did not immediately recognize the TOD deed form as the usual form they receive. After carefully reviewing all the information and wording on the deed she accepted it.

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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

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