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Commonly Asked Questions about Warranty Deeds for Spouses

When committing to a general warranty deed, the seller is promising there are no liens against the property, and if there were, the seller would compensate the buyer for those claims. Mainly for this reason, general warranty deeds are the most commonly used type of deed in real estate sales.
When spouses take title to real estate, New York law presumes that they own the property with rights of survivorship, called tenants by the entirety. An advantage is that creditors cannot put a lien on property owned by a couple as tenants by the entirety.
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.
A Quitclaim Deed Can Be Used to Clear a Title Defect A quitclaim deed is often used to cure a defect (a cloud on the title) in the recorded history of a real estate title.
The three most common New York deeds are listed below: Warranty Deed. Bargain and Sale Deed. Quitclaim Deed.
With a warranty deed, the current owner makes certain promises about the propertys condition and title. For example, the current owner may promise that there are no outstanding liens or mortgages on the property and that the property is free and clear of any encumbrances.
A quitclaim deed is most often used for transferring property between family members, or to add or remove a person to the title, or or to cure a simple defect on the title, such as a mistake in an address or the misspelling of a name.
1. Grant deed. A grant deed is the most common type used in California real estate transactions.