Warranty Deed vs. Quitclaim Deed in Utah: Which to Use, Joint Tenancy, and Recording
General information, not legal advice. Read the full disclaimer.
Short answer: A warranty deed in Utah carries covenants: the grantor promises they lawfully own the land in fee simple, have the right to convey it, will guarantee the buyer quiet possession, that the premises are free from all encumbrances, and will defend title (Utah Code § 57-1-12). A quitclaim deed conveys only all right, title and interest the grantor has at the time, with no promise that the grantor owns anything (§ 57-1-13). For property granted on or after May 1, 2024 to two or more people, Utah presumes a joint tenancy with rights of survivorship unless the deed says otherwise (§ 57-1-5). To protect yourself against later buyers, record the deed: an unrecorded document is void against a later good-faith purchaser for value whose deed is recorded first (§ 57-3-103).
Who this guide is for
Utahns buying, gifting, or retitling a home or land — adding a spouse or child, removing an ex, or cleaning up family title — and wondering which deed to use. A deed that is wrong for the situation can cause tax, creditor or inheritance problems. General information; for any transfer involving a mortgage, a divorce, Medicaid planning or an estate, get legal advice.
The two deeds
| Warranty deed | Quitclaim deed | |
|---|---|---|
| What it conveys | Fee simple title, appurtenances and privileges | All of the grantor's right, title and interest, whatever it is |
| Promises by grantor | Ownership, right to convey, quiet possession, no encumbrances, defend title | None |
| Typical use | Sale to a buyer | Transfers within a family, adding or removing a spouse, clearing a possible claim |
| Risk to receiver | Lower | Higher: if the grantor owned nothing, you receive nothing |
The statute prints the substantial forms of each (§§ 57-1-12 and -13). The deed must still be executed and acknowledged before a notary to be recorded (§ 57-3-101).
How co-owners hold title (§ 57-1-5)
- Interests granted to two or more people on or after May 1, 2024 are presumed joint tenancy with right of survivorship, unless severed, converted or expressly declared otherwise. (Earlier rules differed: for spouses, the presumption started in 1997 and expanded in 2022.)
- If you want tenancy in common (no survivorship, so each person's share passes by will or intestacy), the deed should say so.
- Joint tenancy bypasses probate for the survivor but can create problems for creditors, divorces, Medicaid and unequal inheritance wishes. For a probate-avoiding alternative that keeps control, see Utah Transfer-on-Death Deeds.
Why recording matters
- A recorded document imparts notice to everyone from the time of recording (§ 57-3-102).
- An unrecorded document is void against a later purchaser who buys in good faith, pays value, and records first (§ 57-3-103).
- File with the county recorder where the land is. Fees and any transfer-related paperwork vary by county; confirm with the recorder.
Cautions
- A deed doesn't erase a mortgage; lenders may have due-on-sale clauses. Talk to your lender.
- Giving away real estate can affect Medicaid eligibility and taxes; get advice first.
- A deed signed under pressure or by someone lacking capacity can be challenged.
- If the title has defects, a title insurance company or a quiet title action may be the right fix. See Adverse Possession in Utah.
- After a death, see Utah Small Estate Affidavit and How Much Does Probate Cost in Utah?.
Frequently asked questions
Which deed should I use to add my child to my house?
It depends on tax, Medicaid, creditor and control issues; a transfer-on-death deed or other tool may suit better. Talk to a lawyer.
Is a quitclaim deed less valid than a warranty deed?
It is valid, but conveys only what the grantor has and gives the receiver no title promises.
Do I have to record the deed?
Recording isn't what makes the deed valid between the parties, but an unrecorded deed can lose to a later good-faith buyer who records first.
What happens if two people get title with no words about survivorship?
For grants on or after May 1, 2024, joint tenancy with rights of survivorship is presumed.