wondering if an owner can transfer a deed to another person without a real estate lawyer? The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, to help avert any legal challenge to the deed later. While a deed evidences the transfer of property, a title states how the ownership is held. The title sets forth the capacity of an owner to offer an interest in the home as collateral for mortgages, and to transfer the whole interest, or a portion of their property interest, to someone else in the future.

Title can be held by a sole owner. When there are more than one, the co-owners may have various ways to vest the title.

Joint tenants with rights of survivorship: These co-owners hold equal shares. When one owner passes away, the property interest goes to the surviving co-owner(s). No need for probate.

Tenants in common: All owners hold their own percentage of ownership. Percentages can be 50-50, or unequal. Probate applies, as each owner can leave their part in a will.

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate.

Tenants by entirety: In states that allow this type of vesting, spouses may be able to keep creditors from placing liens on property for one owner’s debt without the co-owner’s consent.

What is a Deed?

A deed is a written instrument that transfers the title of property from one person to another. The exact deed form needed to legally transfer title will depend on the laws of the state where the real estate is located. The use of an incorrect form—or of incorrect language in a form—can result in unintended consequences, including a failure to effectively transfer title or the creation of future title issues.