Quitclaim deed v Warranty Deed

[gotmyown3]

What is the name of your state (only U.S. law)? TX

What is the difference between a quitclaim deed and a warranty deed? My daughter is getting a divorce in TX and when her dad and I got divorced I signed a quitclaim deed. Her attorney told her she didn't need a quitclaim she needed a warranty deed. I am just curious what the difference in the language would be.

 

[tranquility]

Duplicate post.

 

[gotmyown3]

I deleted my other one as soon as I realized I had posted it on the wrong place, within seconds. There should not be a duplicate post.

 

[justalayman]

a quitclaim deed transfers all interest the grantor has to the grantee. It does not mean the grantor actually had any ownership interest, or any interest for that matter but whatever interest they do hold is transferred to the grantee.

a warranty deed is where the grantor not only warrants they have title to the property but that they will defend that title against any claimant.

a warranty deed is generally not used in a divorce situation. I don't know too many ex-spouses that will want to warrant the title against claimants for their ex-spouse. Typically a quit claim deed is quite fine for the purpose you describe.

 

[FlyingRon]

a warranty deed is generally not used in a divorce situation. I don't know too many ex-spouses that will want to warrant the title against claimants for their ex-spouse. Typically a quit claim deed is quite fine for the purpose you describe.

Actually, around here it's quite common for divorces to use a special warranty deed. This represents that the grantor had received title and hasn't further encumbered the property during their ownership but doesn't make any other respresentations.

 

[nextwife]

Actually, around here it's quite common for divorces to use a special warranty deed. This represents that the grantor had received title and hasn't further encumbered the property during their ownership but doesn't make any other respresentations.

Agreed. I also often see Warranty Deeds in divorce, ESPECIALLY if there is any buy out of the other spouses interest. In cases in which one is paying for the other parties interest, a Warranty Deed is especially appropriate.

 

[justalayman]

Agreed. I also often see Warranty Deeds in divorce, ESPECIALLY if there is any buy out of the other spouses interest. In cases in which one is paying for the other parties interest, a Warranty Deed is especially appropriate.

yes, I can agree but only using a special warranty deed, not a general warranty deed.


Personally a person would have to give me some incentive to even use a special warranty deed though. If I'm divorcing, they can accept a quit claim or nothing. It's up to them.

 

[nextwife]

If I'm divorcing, they can accept a quit claim or nothing. It's up to them.

Actually, if the spousal buyout is being FINANCED, the lender's title company may require a Warranty Deed to insure the mortgage policy.

If there is "consideration" for the interest being conveyed, the buyer has a right to ask for a Warranty Deed. Myself, I would not be willing to pay a penny to anyone, even a future ex spouse, for an interest in real estate, unless they were willing to warrant their conveyance.

 

[justalayman]

nextwife;2979424]Actually, if the spousal buyout is being FINANCED, the lender's title company may require a Warranty Deed to insure the mortgage policy.

then the "buyer" had better be nice to me because they cannot mandate I provide a warranty deed, special or warranty.

If there is "consideration" for the interest being conveyed, the buyer has a right to ask for a Warranty Deed. Myself, I would not be willing to pay a penny to anyone, even a future ex spouse, for an interest in real estate, unless they were willing to warrant their conveyance.

You can ask for anything but there is absolutely nothing barring a courts order that can mandate you provide a warranty deed of any type.

and actually, a court would not be able to mandate it either as it means the grantor is bound by a contract which they may have to pay money to fulfill which a governmental entity cannot require a person to commit to.

 

[nextwife]

A person would need to be a fool to PAY any money to a seller (regardless of whether they are divorcing them) who is unwilling to warrant their conveyance. You might dig in your heels and refuse to warrant your transfer, but a buyer can dig in their heels and refuse to Pay FOR AN INTEREST THEY ARE BUYING IF THE SELLER WON'T WARRANT that conveyance.

 

[justalayman]

A person would need to be a fool to PAY any money to a seller (regardless of whether they are divorcing them) who is unwilling to warrant their conveyance. You might dig in your heels and refuse to warrant your transfer, but a buyer can dig in their heels and refuse to Pay FOR AN INTEREST THEY ARE BUYING IF THE SELLER WON'T WARRANT that conveyance.

Then I guess they wouldn't get deeded my share of the property. Their loss.


I have to ask:

when was the last time a seller was called to defend a title because they used a warranty deed?