Deed

What It Means

A deed is a legal instrument that conveys Title to real property from a grantor (seller) to a grantee (buyer). It is the document that formally transfers ownership and is recorded with the county recorder's office to establish a public record of who owns the property and how ownership is held.

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In co-ownership, the deed records every co-owner's name and specifies the Vesting structure — such as Tenants in Common or Joint Tenancy with Right of Survivorship — which defines each party's legal rights and obligations.

Types of Deeds

The most common deed types in residential transactions are grant deeds and warranty deeds. A grant deed guarantees that the grantor has not previously transferred the property to someone else. A warranty deed provides broader protection, guaranteeing clear title against all claims. Quitclaim deeds, which offer no title guarantees, are sometimes used between co-owners to adjust ownership shares or add/remove a party after closing.

Why It Matters for Co-owners

The deed is the authoritative record of who owns a property. If a co-owner's name is missing from the deed, they have no legal ownership interest — regardless of what a Co-ownership Agreement or private arrangement states. Similarly, if the vesting structure is recorded incorrectly, it can create unintended consequences for survivorship, estate planning, and transfer rights.

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When ownership changes occur after closing — such as a Buyout or the addition of a new co-owner — a new deed must be recorded to reflect the updated ownership structure. This may also trigger a Due on Sale Clause review by the lender.

Key Points

• The legal document that transfers property ownership from seller to buyer
• Recorded with the county to establish a public ownership record
• Must include all co-owners' names and the correct vesting structure
• A co-owner not named on the deed generally has no recorded legal ownership interest
• Ownership changes after closing require a new deed to be recorded