I want to transfer property ownership to my spouse. What type of deed should I use in New Jersey?

An individual living in New Jersey may transfer ownership of real property to a spouse through a warranty deed, which is the common conveyance. Other deeds of conveyance include the quitclaim deed, a deed of trust and a grant deed. Most deeds contain the name of the current owner as grantor; the name of the new owner as grantee; and the legal property description. The deed must be in writing and notarized and signed by the grantor. It must then be recorded in the county where the property is located.

Warranty Deeds

Most real estate transfers in New Jersey are effectuated through a general warranty deed. A New Jersey warranty deed conveys real property to the buyer along with warranty covenants. The following are types of warranty deeds in New Jersey:

• Individual Grantor to Individual Grantee
• Individual Grantor to Two Individual Grantees
• Individual Grantor to Living Trust Grantee
• Two Individual Grantors to Individual Grantee
• Two Individual Grantors to Two Individual Grantees
• Two Individual Grantors to Corporation Grantee
• Two Individual Grantors to Living Trust Grantee
• Corporation Grantor to Individual Grantee
• Corporation Grantor to Two Individual Grantees
• Corporation Grantor to Corporation Grantee
• Living Trust Grantor to Individual Grantee
• Living Trust Grantor to Two Individual Grantees
• Living Trust Grantor to Living Trust Grantee

Certain deeds contain no warrant or a limited warranty. In these types of warranties the grantor only warrants that there are no title defects during the period of the grantor's ownership.

Quitclaim Deeds

In certain cases, a quitclaim deed may be used to transfer ownership of real property. However, a quitclaim deed does not convey any warranties or guarantees that title is good or that the property is free of liens or claims. Quitclaim deeds are generally used in non-sale transactions such as transfers between spouses.

Deed of Trust

A deed of trust or trust deed is somewhat similar to a mortgage. In this case, the title is transferred to a trustee, usually a title company holding the real property as security for the borrower’s loan. Only when the loan is paid in full does the title fully transfer to the borrower.  If the borrower defaults, however, the trustee has the power to sell the property to pay off the lender.

Grant Deed

Another conveyance is the grant deed which transfers ownership from the grantor to the grantee. With the deed, the grantor guarantees that title was not transferred previously and that there are no encumbrances outside those stated in the deed.

Talk with an experienced real estate attorney to talk about which New Jersey deed is best suited for your situation.