How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Legal
Satisfied Customers: 55303
Experience:  Attorney with 29 years of experience.
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

What is the difference between a "statutory" warranty deed,

This answer was rated:

What is the difference between a "statutory" warranty deed, a "special" deed and "general" warranty deed?
Which one is recommended for transfering a property that a homeowner owns into a Revocable Living Trust?
Is it legal for the homeowner to prepare the deed himself?

Good evening...1) A general warranty deed is a deed in which you warrant that the title is good. 2) A special warranty deed is a deed in which you warrant the title during your ownership...i.e., that you didn't do anything during your ownership that would cause the title not to be good. 3) A statutory warranty deed is a warranty deed that references a particular state statute so that you do not have to put the specific warranty language in the deed. Actually, however, when contributing property to a revocable living trust, one does not use any of these. Rather, a Quit Claim Deed is typically used to transfer the property for this type transaction.

I hope this has given you the guidance you were seeking. I wish you the best of luck!

If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.

If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.

The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 6 years ago.

Why is it a quit calim deed as opposed to one of the others?

Thanks again.

Because when you are transferring it for no compensation, you typically don't warrant title so you have no way of later being held liable for some title issue. By transferring by a Quit Claim Deed you are deeding whatever it is you own with no warranties which is perfect for a living trust because all you are trying to do is to get whatever it is you own out of your probatable estate.
Richard and 10 other Legal Specialists are ready to help you