Warranty Deed for Separate or Joint Property to Joint Tenancy - Utah 2025

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Special Warranty Deed - In contrast to a general warranty deed, a special warranty deed limits the liability of the grantor by warranting only what the deed explicitly states. A special warranty deed has practically the same effect as a quitclaim deed.
Joint tenancy is a form of co-ownership where two or more individuals share equal ownership rights to a property. Each owner has an undivided interest in the property, and if one owner passes away, their share automatically transfers to the surviving owner(s).
The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.
A special warranty deed protects sellers from title claims or encumbrances prior to ownership, but buyers are responsible if any claims should arise. The best level of protection for a buyer is a general warranty deed and an owners title insurance policy. Lenders typically require a lenders title insurance policy.
The main difference between these deeds is that general warranty deeds apply to the entire history of a piece of land while special warranty deeds only cover the period of time that the previous owner (the grantor) has held the land. As such, special warranty deeds offer fewer protections to a grantee.

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For instance, if youre married, the most common way to title your home is Tenancy by the Entirety (TBE). That endows survivorship rights, some creditor protection, and allows for transfers only with the consent of both spouses.
Joint tenancy with survivorship right is a typical estate planning method in Utah that keeps property ownership within a family while trying to avoid probate. And ing to Utah law, property interests can pass through joint tenancy with the right of survivorship and without going through probate.

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