General Warranty Deed
This is the most common form of ownership in Ohio. If there is just one buyer, title will upon death pass to such owner’s heirs unless otherwise provided for by the owner’s will. If there is more than one buyer, then a Tenancy-in-Common among the owners is created, which means that each buyer owns an undivided interest in the property. Upon the death of one of the owners, title to their undivided part interest will pass to that owner’s heirs unless otherwise provided for by the owner’s will.
The seller warrants the title to be free and clear except as stated in the deed. The seller takes on responsibility for the soundness of the entire chain of title.
Although seller’s warranties are desirable, title insurance has reduced their importance. Buyers and lenders generally rely on title insurance to protect the investment. Therefore, title insurance is also a benefit to the seller as it may reduce legal exposure if old title defects arise.
Limited Warranty Deed
Under special circumstances the seller will only warrant the title as to the period that s/he held title to the property and is NOT RESPONSIBLE for matters previous the seller’s acquisition.
Often used on commercial transactions where buyer and seller agree to depend on title insurance for protection but require seller to account, if necessary, for matters occurring during the sellers time of ownership.
Also may be used when the seller is not in a position to make warranties as to the entire history of title. An example would be title taken by foreclosure (i.e. Sheriff’s sale), in settlement of a debt, etc.
Otherwise all other provisions are the same as a General Warranty Deed.
Warranty deed creating Tenants In Common With The Right Of Survivorship.
This is used when two or more persons are the buyers. Upon the death of one of the owners the interest is not considered an asset of the estate but the title to the interest transfers “by contract” to the survivor(s). Such interest, however, must be considered in the decedent’s estate for Ohio and Federal Estate Tax purposes as if it was an asset of the estate.
Quit Claim Deed
This is the simplest form of deed as it only coveys whatever interest a seller owns or may own, and no warranties are expressed or implied.
This creates tenancy-in-common if more than one buyer is involved and is similar in this respect to a general warranty deed.
The buyer has no recourse against the seller for any defects in title. As a result title insurance is advisable whenever a buyer accepts a Quit Claim Deed.
Special Purpose Deeds
Other types of deeds are necessary under certain situations and their application is limited. Such special purpose deeds include Sheriff’s Deed (foreclosure), Trustee’s Deed (bankruptcy), Auditor’s Deed (tax sale), Guardian’s Deed (Probate Court), and the Executor and Administrator’s Deed (Probate Court).
As we always say, for further explanation or advice as to the use or preparation of any material on this page, it is strongly suggested that you consult an attorney competent in real estate law.
Transfer on Death Deeds (Effective August 29, 2000)
A Transfer on Death deed (TOD) creates a present interest in either a sole owner or a tenant in common as grantee, plus it creates a “transfer on death” interest in a specifically named beneficiary or beneficiaries. This type of deed allows the owner to convey property upon his/her death by avoiding using a certificate of transfer or having an executor convey the property through probate.