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Commonly Asked Questions about Warranty Deed for Separate Property

A special warranty deed is when the grantor only guarantees that there are no outstanding claims or liens against the property arising from their ownership. Theyre not giving any assurances about issues that may come up due to the actions of previous owners. Special Warranty Deed: What Is It And Do You Need One? - Quicken Loans quickenloans.com learn special-warranty quickenloans.com learn special-warranty
An interspousal transfer deed is used to transfer the property title from one spouse to another. This special type of deed is most commonly used in the case of divorce, when the proceedings result in the requirement that property goes to one spouse over the other.
Cons: Fewer protections for buyers, who are now responsible for addressing any previous liens or claims for the property. Lenders and title companies may refuse to help buyers secure financing or title insurance for a property sold under special warranty.
The distinguishing characteristic of a special warranty deed is that it only provides a guarantee against the title defects or claims that arose during the period of the grantors ownership of the property.
A special warranty deed guarantees that the grantor owns and can sell the property. To the best of their knowledge, they are the owner of the property. A special warranty deed does not protect you against any mistakes that could have occurred prior to the owner purchasing the property.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.