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House deed: Definition, types, and how to get one
Buying a home means transferring ownership from the seller to the buyer, which means every home sale is a legal transaction in addition to a financial one. To record the legal transfer of ownership, the seller provides the buyer with a house deed — a physical document that states the home buyer now owns the property.
Buyers, sellers, and homeowners should all understand what a house deed is, how it works, and how to get the deed to their house.
Read more: How to buy a house in 13 steps
In this article:
What is a house deed?
Also known as a “property deed,” a house deed is a legal documentation stating who owns a house or piece of property. This document validates the transfer of ownership from the seller to the buyer.
A deed to a house is vital because it proves ownership rights in the event of any disputes between interested parties. This is why a copy of the deed is given to the buyer and officially filed at the local courthouse at the time of closing. The deed on file with the local government serves as a legal and historical record of the home’s ownership.
Learn more: How to change the name on your house deed
House deed vs. title
It can be easy to mix up the terms “title” and “deed,” especially if you’re a first-time home buyer. However, there are important differences between them. A house deed is a physical document that proves ownership, while a title refers to the concept of an owner’s legal right to own the property.
In other words, the deed is the physical evidence that you have the title to your property, while the title is the conceptual evidence you own the home. You need to have the deed to get the title, and you must have both to be the official property owner.
Dig deeper: How a property title search works when buying a house
Types of deeds
While every deed transfers ownership of the property from the grantor (aka the seller) to the grantee (the buyer), different types of deeds correspond to various ways ownership might change hands. Here are the common types of deeds.
Warranty deeds
A warranty deed guarantees that the grantor has the legal right to sell to the buyer and that the home has no title defects — in other words, the house has no outstanding liens or creditor claims. There are two types of warranty deeds you may come across:
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General warranty deed: This deed is used when transferring a deed from the seller to the new owner. A general warranty deed guarantees that the seller is legally allowed to sell the house, and if there are any issues, they are the ones in charge of addressing it — not the buyer.
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Special warranty deed: A special warranty deed only guarantees that there are no title defects for the property during the time you have owned the house. If you get a special warranty deed five years into ownership and it shows there is an issue, you are now in charge of paying to fix the issue — not the previous owner.
Most residential home sales come with a general warranty deed. Typically, special warranty deeds are used by banks or other temporary owners who acquired the property via foreclosure.
Learn more: How to buy a foreclosed home
Quitclaim deed
This type of deed transfers ownership between two parties who know each other. A quitclaim deed can be an easy way to add your spouse to the deed of the home you purchased when you were single.
However, these deeds are typically used when one party listed on a deed renounces their claim to the property. For example, a divorcing couple might use a quitclaim deed to transfer sole ownership of the shared home to one spouse. The spouse leaving the house will sign a quitclaim deed to clarify that the remaining spouse has sole ownership and claim to the property.
Quitclaim deeds do not offer any protection or guarantee against potential claims or title defects, which means these deeds should only be used between parties who trust each other.
Learn more: 6 options for handling your mortgage when getting a divorce
Deed in lieu of foreclosure
Homeowners who have defaulted on their mortgage may avoid having a foreclosure on their credit history by requesting a deed in lieu of foreclosure. Under this type of agreement, the homeowner agrees to sign over the house deed to their mortgage lender in exchange for the lender releasing the homeowner from liability for the remaining unpaid balance of the mortgage loan.
Dig deeper: What to expect when facing foreclosure
How to get the deed to your house
When you purchase a home, you should receive the deed from the seller at closing or just after. But there are other ways to get a copy of your house deed. Since deeds are part of the public record, you can also access a copy of your deed through your local county recorder’s office.
Most municipalities allow you to search for your deed online. Simply type the name of your county and the words “deed search” into your search engine. Many counties provide a self-service search tool for deeds. Typically, you will need to provide the name of the homeowner, the street address, and the parcel number to locate the deed, which you can usually download from the website.
If you cannot locate the deed online, you may need to contact the county recorder’s office via phone, email, or even visiting the office. A fee may be associated with getting a hard copy of the deed through the county recorder.
Dig deeper: How recording fees work when buying a house
House deeds FAQs
What is the difference between a mortgage and a deed?
A house deed is a legal document that shows who holds the title to a property, while a mortgage is a financial agreement between a borrower and a lender to repay the money borrowed to purchase a home. Your name is on the house deed, but the name of your mortgage lender is not.
What if my spouse is on the deed but not on the mortgage?
A mortgage and a deed are not directly related, which means it’s possible to be on one and not the other. For example, a spouse might be listed on the deed but not on the mortgage. This might happen if one spouse bought the house before the marriage and took out the mortgage loan only in their own name, then added the new spouse to the deed after marriage. Anyone not named on the mortgage is not financially responsible for repaying it, even if they hold title to the home and their name is on the deed.
Is the title or the deed more important in real estate?
Though you may hear people use these terms interchangeably, “title” and “deed” don’t mean precisely the same thing. The title describes your legal right to own, use, and sell a home, while the deed is a physical document showing your property ownership. When you purchase a home, you are buying the title (meaning the legal right of ownership) and receiving a deed that proves you have that title. You need both title and deed when you buy a home since you cannot have one without the other.
This article was edited by Laura Grace Tarpley.
