There is no specific legal document called a “house deed.” A deed is a legal document that transfers ownership of real estate from one person to another. You can usually get a copy of your deed from the county recorder, county clerk, register of deeds, or land records office.
If you surveyed 100 homeowners to ask them when they last thought about the deed with their home, most of them would say they don’t think about it at all until they need it. But you may need the deed more often than you realize! You might need your deed when you’re selling your home, adding a spouse to the deed, checking ownership, or trying to settle estate questions.
Your deed differs from a title, and the different types of deeds can affect the rights and promises that transfer with the property. That, coupled with varying state and county rules, means this issue can get complicated fast. It’s often helpful to get legal guidance.
If you’re looking for guidance, a LegalShield® Membership can connect you with a provider law firm for legal guidance during parts of the home sale process. For now, you can learn more about deeds if you keep reading.
A deed is a legal document that transfers ownership of real estate from one person or entity to another. Think of it as the written record of the transfer.
While your house and other structures might sit on the property, the deed just contains the legal description of the land. The legal description identifies where and size of the property based on official surveys and existing records. Sometimes the description includes surface rights, but it also may contain what is below the surface, referred to as mineral rights.
Even though the legal description does not contain the structures, for the purposes of this article we may refer to the deed as a house deed.
Typically, the deed names the seller (called the grantor) and the buyer (the grantee). It may also describe the property, explain the type of ownership interest it’s transferring, and include the grantor’s signature. But the exact format will vary by state and county.
There’s more than one type of deed. In fact, there are several types, and the right one will depend on the property, the transfer, state law, and the level of responsibility the seller is taking for the title.
Here are some of the most common types of deeds:
A deed vs. title comparison comes down to document vs. ownership rights. A deed is a written document that transfers real property from one party to another. “Title” is the legal concept of owning the property.
You’re more likely to deal with a deed when real estate is changing hands. That might be during a sale, a gift, a divorce, an estate transfer, or when adding an owner.
Title, meanwhile, comes up when someone needs to confirm who owns the property — and whether there are liens, claims, or other issues that might affect ownership. That’s why a title search is often part of the home sale process.
The exact form of a house deed can vary depending on the deed type and the state and county you’re in. Still, most deeds include the same basic information to ensure the property and the transfer are clear.
Deeds often include:
Buying or selling a home comes with a stack of documents, and the deed is one you don’t want to have to guess your way through. With a LegalShield Personal Plan, members can ask a provider law firm questions about deed language, real estate documents, recording steps, and other paperwork that may come up.
Recording puts the transfer into the public record so later buyers, lenders, and title companies can see the ownership history of the property. You usually record the deed with the local county recorder, register of deeds, county clerk, or land records office where the property is. Precise recording rules and fees can vary by location.
Start with the local county recorder, register of deeds, county clerk, or land records office. Usually, recorded deeds are public record. So homeowners can request a copy online, in person, or by mail.
If you’re looking to change a deed, such as by adding or removing someone, you typically need to prepare and record a new deed. That process may look like this:
The deed is one of the key documents in a home sale, property transfer, or ownership change. So it’s important to get it right. If you’re getting ready for a sale, you may also want to understand how a real estate purchase agreement works before the deed is signed and recorded.
With a LegalShield Membership, you can connect with a provider law firm for legal guidance on real estate documents. As a member, you can ask questions about deed language, document review, title concerns, recording steps, or what to expect when buying or selling a home.
A LegalShield Provider Lawyer can help you understand the paperwork before you sign or file it, helping you stay informed as you navigate important decisions around your real estate needs.
The county recorder, register of deeds, county clerk, or land records office usually keeps the official public record after the deed gets recorded. You might also have a copy in your closing documents. And if you have a mortgage, your lender might keep certain loan documents, including the deed. How to get the deed to your house varies by location, though.
There’s no single best deed for every situation. A general warranty deed is common in home sales because it gives broad promises about the title to the buyer. But a quitclaim deed might be the right call for certain transfers between family members, spouses, or trusted friends.
Losing your personal copy of the deed doesn’t mean you lose ownership. Recorded deeds are typically public records and you may be able to obtain a copy online. You can often request a certified copy from the county office that holds the deed. Fees and the exact request process vary by location.
Banks don’t “hold” the deed in the way many people think in most cases. If you have a mortgage, the lender holds a lien or security interest in the property, but the deed is usually still on file with the local land records office (or a similar office). Some lenders might charge for copies, payoff documents, and recording-related paperwork, though.
You usually get your house deed after closing, once you’ve recorded the signed deed with the local land records office (or similar office). The timing can vary by county, title company, and transaction, though. Sometimes, you get a copy with your closing documents. For others, you request one later from the county recorder or register of deeds.
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