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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99428
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Customer Question

when setting up a special warranty deed. land deed has both me and my husband's name. we want to prepare a spcial warranty deed so that it only has my name on it. on the question to list the grantor(as it is listed on the deed) would that mean it should be both of our names or only his because he is tranfering to me?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Ely replied 3 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

No, this would be just you. What is happening is that both he and you have an INTEREST in the deed. He is granting his interest to you. Hence, he is the 'grantor' and you are the 'grantee.'

Also please note a special warranty deed is normally used for sales. I am not sure of your current situation, but, if he is simply gifting his interest to you, it may be more prudent to use a quitclaim deed (here).

A special warranty deed comes with a lot of guarantees from grantor to grantee such as clarity of title, etc. It is mostly used for sales. A quitclaim deed is a quick transfer of interest without any warranties. It is mostly used in gifts. However, either will transfer the interest over to you completely in the end, so it really makes no difference - I just wanted to let you know.

I hope this helps and clarifies. Good luck.

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