Warranty vs Quick Claim-Non Warranty Deed

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Warranty vs Quick Claim-Non Warranty Deed

I recently purchased a home with a FHA loan. I was told that my fiance would not
be able to be on the warranty deed being that I was the sole borrower on the
loan. I was then instructed to execute a Non-Warranty deed from myself to her and
myself. Is this sufficient enough to protect her rights as owner of the home? Do
we have to execute a Warranty Deed now? or can this remain as is?

Asked on October 7, 2019 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

A quit claim deed means that you give her whatever rights you have but do not "warrant" or contractually guaranty anything other than that she is getting what you have. Since you can't actually give her more rights than you in fact have, a quit claim would be adequate.


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