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What is a Deed Transfer?

Malcolm Tatum
Updated May 16, 2024
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The use of deed transfers is common in all quarters of the world. Essentially a generic term that encompasses all types of transferring a deed from one person or entity to another, the deed transfer is a means of ensuring that buying and selling property is kept within the standards set by the laws of the country where the transaction takes place. Here are some things to keep in mind about the process of deed transfers, as well as a couple of examples of deeds that may be transferred.

The transfer of a deed is intended to move the ownership of some sort of property from one entity to another. This may be from one person to another, from one business to another, or any combination of the two. A deed transfer allows the new owner to be able to claim full rights and responsibilities to the property in most cases. However, there are some examples of the deed transfer where the rights of the new owner may be limited or qualified in some manner.

For instance, the quitclaim deed is a common form of deed transfer. With deeds of this type, the grantor may or may not have clear title to the property. This may be due to a number of factors, among them a spouse acting on behalf of an individual who in fact is the current owner of record. In this scenario, signing the quitclaim deed would transfer the interest that the grantor may have in the property to the spouse, allowing for the orderly sale of the property.

A warranty deed also implies some conditions, based on the general state of the property and any buildings may be on the property. As an example, a warranty deed may include some sort of responsibility for replacing a central heating and cooling unit, should it fail during the first year or so after the sale. In other instances, the warranty deed may specifically free the previous owner from any responsibility for repairing any breakdowns of or on the property once the new deed is properly executed and filed.

Both national and local laws govern the orderly transfer of deed information from one seller to a buyer. Before choosing to engage in any deed transfer, it is a good idea to get to know what type of deed is under consideration, and the laws that control when and how that sort of deed may be issued. Paying attention during the process of deed transfer can help prevent making costly mistakes that may take years to resolve.

SmartCapitalMind is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Malcolm Tatum
By Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing to become a full-time freelance writer. He has contributed articles to a variety of print and online publications, including SmartCapitalMind, and his work has also been featured in poetry collections, devotional anthologies, and newspapers. When not writing, Malcolm enjoys collecting vinyl records, following minor league baseball, and cycling.
Discussion Comments
By anon327848 — On Mar 31, 2013

My Dad recently died in Sacramento California and I live in England. A couple of years before he died, my Dad put me on his bank account. His brother has informed me my father was in debt and the property he lived in my Father has released all the equity out of it. Apparently, my uncle has let the equity company have the house back, sold my Dad's car, and I don't know what has happened to the house contents. I have not received any paper work or documents or a death certificate concerning my Father's estate.

By anon325508 — On Mar 16, 2013

I own a co-op free and clear and only pay maintenance. I would like to transfer the co-op over to my son and daughter before I die. How do I go about doing this?

By anon293586 — On Sep 26, 2012

I'm living in a house which my mother has just bought with my money, but it is just in her name. I would like it to go in my name. Is that possible? Or do I have to pay off the whole mortgage first?

By anon279446 — On Jul 12, 2012

My sister had power of attorney for my father, He transferred his condo to her (it's paid for, free and clear). He passed away four months later. She put his finances and car in probate since she's the administrator of the estate.

My other sister and I thought she would put the condo in probate but she is not going to. Legally, does she have to put the condo in probate and split it or not?

By anon278150 — On Jul 04, 2012

My neighbor sold some property in 1964 and the new owner did not transfer the property so my neighbor has been paying taxes on the property so is the property still his?

By anon274282 — On Jun 11, 2012

I bought a house and because I was young, my mum helped me get a loan to buy the property. I have completely paid off the loan, but my mum won't sign the property into my name even though I paid for the house myself.

What can I do?

By anon272726 — On Jun 03, 2012

What type of deed transfers or mortgage papers do I need to do to 1) sell a home, owner financed and 2) allow them to have a deed so the taxes come to them and the insurance company will allow them to pay for the homeowners insurance. While they are making payments to me.

In other words, like a car, where you have a title so you could sell it but you don't have full control because you still owe money on it. What form of contract do I use for that?

By anon271324 — On May 25, 2012

I'm in foreclosure. I never had a mortgage,but got a piece of property from my mom. She never got a release from the mortgage co., and now she's in foreclosure. I have a warranty deed and have been paying taxes for four years. Can they do this to me?

By anon261278 — On Apr 15, 2012

We purchased a new flat in 2007 and in 2011 we sold it, but the buyer didn't pay the balance to us. In this matter, what do I need to do?

By anon258433 — On Apr 01, 2012

When a building is taken for redevelopment in that situation, how could I transfer my husband's name on the flat, which belongs in the name of his brother, meaning my brother-in-law?

By anon251196 — On Feb 29, 2012

Upon finding a $1,300 dollar discrepancy between what our mortgage company claimed they paid in property taxes and what the sheriff's office said was paid for our property, I looked over my contract and my deed has two addresses and an incomplete physical description. We went to the county assessors and it has us as buying a smaller property not even valued at half of what the one we are in is valued. Yet our survey is the correct address, but listed as belonging to someone else and the registered plat has a different name entirely.

We have a fha/hud insured loan which required a clear deed and all information be correct and clear before closing. What can I do to ensure the property I'm paying for is the property I thought I was buying and will actually belong to me once the mortgage is paid off? This feels very suspicious as if someone purposely committed fraud when papers were submitted to fha/hud and I'm wondering who is responsible since all my copies are in order yet don't match anything filed at the courthouse.

By anon216364 — On Sep 21, 2011

I am a sole trader in Ireland. My business is in debt. Could I be forced to sell my home to repay the debt? Is it a good idea to get a Deed Transfer so that my home is in a family member's name?

By anon189985 — On Jun 25, 2011

in a transfer of a deed of a land contract, who pays the fees? the owner or buyer?

By anon163415 — On Mar 27, 2011

There were three names on the deed (three brothers). i have since paid out my two brothers, how do i go about now putting just my name on the deed and do i have to pay even though my name is already on the deeds?

By anon161149 — On Mar 18, 2011

our house in texas is in my same-sex partner's name only. she recently became seriously ill and it opened our eyes to some of our legal issues should she pass away. we're worried about what will become of our house and property if she passes away. how do we put my name on the house deed now if we still owe a mortgage?

By anon131190 — On Dec 01, 2010

my husband and i bought an RDP house that we were renting we paid all the money to the lawyers(agents) and they gave the seller a certain amount and they were promised to get the balance as soon as the house is registered into our names, but the seller is still demanding money for rent. must we continue to pay the rent even though they gave them some money? please help.

By anon109606 — On Sep 08, 2010

Is there some type of agreement document available for me to sign my flat over to my brother although the mortgage and the deeds stay in my name until he can get a mortgage in a year or two?

By anon94221 — On Jul 07, 2010

I am not divorced yet and do not know when i will be able to afford it, but the house we share is in my name and i want out if it is transferred to him because he will not go.

i am willing to take my kids and get an apartment, but i do not want to be held responsible for anything in this house. is there any way to transfer my name to his on this deed?

By anon84908 — On May 18, 2010

could my husband transfer his half of the deeds to our joint family home without my knowledge? he's received a message from a friend saying that he just needs the solicitor's signature on the house deeds. if anyone could help put my mind at rest...

By dknight52 — On Apr 16, 2010

my common-law wife bought a house with a loan only in her name. She said she was going to add my name to the deed but now says that she can't because my name is not on the loan. is this true? and if not how can we go about doing that?

By anon73069 — On Mar 25, 2010

I'm getting divorced. i get the house as my share. how will the deed get transferred from my husband's name to mine, and how much would it cost me?

By jdm — On Mar 19, 2010

My wife and I own a duplex with my sister and brother in law. We want to move and they want to stay, but there credit isn't good enough to buy it off us. If I do a deed transfer will my wife and I get taken off of the mortgage?

By anon67539 — On Feb 25, 2010

my mother-in-law wants to give me two lots in florida. we live in pa. what form do we need to fill out?

By brettafc — On Feb 02, 2010

I have split with my girlfriend and she is buying me out of the house. She needs to give me £115K as my part of the equity. She wants me to sign a transfer deed but there are no figures on this. How can I ensure I get my part of the equity?

By anon49122 — On Oct 17, 2009

My neighbor alerted me of the previous owner's deed which had several restrictions on my property that I was not aware of and do not agree with. I checked my deed and those restrictions are not listed on my deed. Do I have to follows the previous owner's deed or follow my present deed?

By anon46585 — On Sep 27, 2009

I have just divorced and have had the house put into my sole name. what do i need or what do i have to do to transfer the title deeds into my sole name?

By anon45728 — On Sep 19, 2009

i just got a foreclosure for my house. i am divorced and my ex-husband owns the house. what do i do? i have three children. they say i have 30 days. i think i am on the deed. can you please help me? joanne derocco

By anon39183 — On Jul 30, 2009

I co-signed for my dad's house in 1999, my name appeared on loan documents also, dad died last year. There are two brothers. Am I responsible for the mortgage? Do I transfer to my name. Cannot sell house in this market. Had to put a number of repairs. Currently renting out house to pay mortgage.

By anon38340 — On Jul 25, 2009

If I am the executrix of an estate and I want to put the home my parents owned in my name and out of the "Estate of..." What do I need to do? I have the deed of the property in my possession. There are no monies needing to be exchanged.

By anon33582 — On Jun 08, 2009

My elderly neighbor who I help take care of wants to leave me his house when he dies. I do not think he has a will or even if he does, would it be okay to have him transfer the deed over to me before he passes away and his family gets involved? He has no children just nephews and nieces.

By misterpaul — On May 12, 2009

I got embroiled in a court case and costs were awarded against me. I have no assets. My wife and I had a house together but in 2006 I signed over the deed to her exclusively.

Could my wife be forced to sell the house she has now owned for some three years so that I will have funds to pay the costs which I owe?

By socce128 — On Apr 19, 2009

If my wife's grandmother dies and she had no will, but with the agreement of the grandmother and the two children, can they transfer the house over to us and we just take over the payments?

By kirby973 — On Feb 03, 2009

To do a deed transfer, inherited land from parent is divided between 2 children equally so each are responsible for taxes etc. What would that fall under? Confused.

By rlee — On Dec 30, 2008

My wife and I recently signed loan papers and deed transfers within our family for a buyout and refinance.(Mass)

The fiduciary deed is not correct. There are wrong addresses and right of way language that we wanted removed but was not. How can we correct this?

By mdt — On Jul 22, 2008

I'm not sure if that 20% rule is a guideline or pertains to laws that may be in place in some counties in Florida but not applicable across the state. This is probably not a big concern, other than making sure you market the property as being only for persons over 55, assuming you do end up assuming full ownership of the property again. And I bet the condo association would be more than willing to be on the lookout for potential buyers that would fit into the community rules and regulations. After all, it is in their best interests to not have empty property standing.

By leesofl — On Jul 21, 2008

Dear MDT, Thanks for answering. The condo didn't have a problem with the apartment transferring to me alone after my mom's death. I do remember them saying that I wouldn't be allowed to live there because of my age. They also strictly enforce the rule that "ALL residents must be over 55 y/o" something I thought was not permitted under Florida law. I thought that 20% of the residents could be younger than their 55 restriction.

By mdt — On Jul 20, 2008

Leesofl, it would seem that there would be no problem with you reassuming full ownership in the event of a default. Did the condo association have any problem with the deed being in your name only after your mother passed away? I suspect they would want to work with you in any way they could. Just to be sure, check the bylaws and regulations that the condo association has in place.

Anon15404 - the matter you describe may be impacted by laws that are peculiar to your state. In order to settle this matter and bring some peace to the family, I would suggest contacting a lawyer pronto.

By anon15404 — On Jul 10, 2008

My father had a will and each child was listed in the will with my brother as the executor. One sister who was listed in the will passed away. The will states that any descendants of someone who passed away will get their part of the sale of the estate. My sister passed away in 1998 and my father never had the will changed. He did have a transfer of deed drawn up in 1997 which had each of his children listed. My father passed away recently and my question is this. Does the transfer of deed over-ride the will? The transfer of deed does not state that descendants of deceased heirs will get their part. My other sister and brother are at odds over this and I would appreciate your input. Signed: Confused in Michigan

By leesofl — On Jul 08, 2008

I am the sole owner of a condo in Ft Lauderdale FL. It was my mom's apartment and she passed away in Nov 07. I sold the apartment to my sister-in-law and did a full closing. I hold the mortgage on the property, and they pay me monthly.

It turns out they don't like living in south Florida, and are continuing to pay the monthly mortgage (to me) and the maintenance to the condo association. They are trying to sell the apartment, but in today's market that is going to be difficult.

PROBLEM: If at some point they say "we can't afford to pay you anymore, and want to give back the apartment" can I just have the deed transferred back to me as owner? I was on the deed when my mother died and therefore the apartment became mine. However, this is an over 55 community, and I am only 47.

A) Can the property revert back to me without having to do a full foreclosure?

B) Generally would a condo association allow this type of transfer is the new owner is under 55 y/o?

By mdt — On Jun 04, 2008

Seek legal aid immediately. There are a lot of factors that cannot be addressed in this forum, many of them having to do with local laws that would have jurisdiction. If you cannot afford to hire an attorney, check on resources in your community that help provide legal aid - many attorneys in many places donate time each week to help people who cannot afford to pay for their services. Wishing you the best.

By thegoodone1 — On Jun 04, 2008

My sister co=signed loan for Dad's Condo. Dad died 3 years ago..he left condo in both our names.( will was made before condo was bought). She went in next day changed locks on condo, took car. registered and is driving. I put up no fight..let her have it..she probated it..I signed probate papers so she could straighten things out for her and her husband, knowing she had put her house up for it,

Well now she hates my guts!! She wants to put in quit claim. so she can screw me over..and says she is putting condo in my name. So I have to pay all back taxes and all. knowing I am getting help from state .. (Daughters daddy died 2 years ago) She wants me thrown out of program, and says I am in big trouble. Could you please explain what I am up against, and where I can turn for help?? the good one

By rjohnson — On Feb 17, 2008

Laws vary by jurisdiction, but generally, transfers of real property (i.e., land) must be in writing. To enforce a transfer of property, you must have a writing signed by the party you want to enforce the deed against. To get a correct assessment of your particular situation with consideration to nuances that you may not be considering, it's best that you get some legal advice from a property specialist in your jurisdiction.

By anon6835 — On Jan 10, 2008

What happens if a land owner does not sign the Warranty Deed paper?

Malcolm Tatum
Malcolm Tatum
Malcolm Tatum, a former teleconferencing industry professional, followed his passion for trivia, research, and writing...
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