Keeping land within the family can be beneficial for all parties involved. The seller knows the property characteristics and the buyer knows that the real estate is valuable. Learn how to transfer a house deed to a family member.
Keep Land in the Family
Many families will share their property resources. They might allow siblings, cousins, aunts or uncles to live in various houses. When one family member starts to suffer financially, the other members might try to pitch in to help him out.
When relatives help each other, they might be able to turn a bad situation around. Should they sell a family home to an outsider? Transferring a house deed to a family member allows for superior estate planning. Their family home has a great deal of sentimental value.
Save on Conveyance Costs
When you transfer a house deed, the seller is the grantor and the buyer is the grantee. You have many options for house deed transfer, including the 1. Special Warranty Deed, 2. General Warranty Deed and 3. Quitclaim Deed. What are the advantages and disadvantages of each?
1. Special Warranty Deed
The specialty warranty deed might be the most costly process, if you hire an attorney. The special warranty deed guarantees that the grantor owns the title and has the legal right to sell the property. You don’t want the property to become a bone of contention for the family.
The attorney will provide a special warranty against any defects that occurred while the grantor owned the property. Defects in clear title before the grantor ownership are not warrantied under the special warranty deed. This special warranty deed might take more time to complete than the quitclaim deed.
2. General Warranty Deed
The general warranty deed actually offers more protections against potential clear title defects than the special warranty deed does. All of the grantor’s property rights will be legally transferred using this house deed method. The grantor testifies that the real estate is free and clear from any encumbrances or defects.
The grantor guarantees that he owns the title and has the legal right to sell the land. The grantor testifies that he is responsible for any title defects. He provides a general warranty that the property is free of encumbrances or defects. The advantage of the general warranty deed is that it also covers the period of time before the grantor owned the property, while the special warranty deed does not.
3. Quitclaim Deed
If you want to expedite the house deed transfer, you can use a quitclaim deed. The grantor only transfers his property rights, including home equity. The quitclaim deed provides no warranty or protection against legal claims. If the family members trust one another, the quitclaim deed is the fastest.
Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!