Kentucky Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed is a deed in which the seller guarantees clear title and defends the buyer against later claims. In Kentucky the protection turns on the covenant words used, from full warranty down to a no-promise quitclaim, rather than on any grant-deed presumption.

2. 2

   Kentucky codifies the general-warranty words. Under KRS 382.030, a covenant with warranty or with general warranty has the effect of the grantor forever warranting and defending the property unto the grantee against the claims and demands of all persons whatever, including defects that predate the grantor's ownership.

3. 3

   A special or limited warranty deed uses the words with special warranty (KRS 382.040) and defends only against claims by, through, or under the grantor. A quitclaim deed omits the warranty words entirely, so it conveys only whatever interest the grantor has, with no covenant of title.

4. 4

   You record the signed deed with the county clerk of the county where the property is located (KRS 382.110). Kentucky is a notice jurisdiction (KRS 382.270), so recording promptly protects you against a later good-faith purchaser without notice.

5. 5

   The grantor's signature must be acknowledged before a notary before the county clerk will record the deed (KRS 382.130; KRS 382.270). Kentucky does not require subscribing witnesses when the deed is notarized. The deed must also carry a preparation statement and the grantee's mailing address (KRS 382.335).

6. 6

   Kentucky imposes a real estate transfer tax of 0.50 dollars for each 500 dollars of value on the grantor, and the county clerk computes and collects it before recording (KRS 142.050). The deed must state the full consideration and include a sworn, notarized consideration certificate signed by both the grantor and the grantee (KRS 382.135).

7. 7

   Kentucky is not a community-property state, but it retains dower and curtesy. A married grantor's spouse holds an inchoate dower or curtesy interest, so the non-owner spouse should join in and sign the deed to release it and pass clear title (KRS 392.020; KRS 392.040).

Kentucky Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Kentucky codifies the general-warranty words: under KRS 382.030 a covenant with warranty or with general warranty makes the grantor, his heirs, and personal representatives forever warrant and defend the property unto the grantee against the claims and demands of all persons whatever, including defects predating the grantor. This is the strongest of the three deed types.

• General vs Special Warranty Words

  Kentucky has no fill-in statutory short-form deed; the deed type turns on the covenant words. Use with general warranty for full protection (KRS 382.030) or with special warranty for a limited one that defends only against claims by, through, or under the grantor (KRS 382.040). A deed that omits the warranty words is a quitclaim and conveys only whatever interest the grantor has, with no covenant of title.

• Record with the County Clerk

  Record the signed, notarized deed with the county clerk of the county in which the real property, or the greater part of it, is located (KRS 382.110). Kentucky is a notice jurisdiction: an unrecorded deed is not valid against a later good-faith purchaser for value without notice or against creditors (KRS 382.270). Record promptly to protect your interest.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary (KRS 382.130; KRS 382.270). Kentucky does not require subscribing witnesses when the deed is notarized; two witnesses are only an alternative proof route when there is no acknowledgment. The deed must also carry a preparation statement showing who prepared it and the grantee's mailing address (KRS 382.335).

• Transfer Tax and Consideration Certificate

  Kentucky imposes a real estate transfer tax of 0.50 dollars for each 500 dollars of value on the grantor, and the county clerk computes and collects it as a prerequisite to recording (KRS 142.050). The deed must state the full consideration and include a sworn, notarized consideration certificate signed by both the grantor and the grantee (KRS 382.135). Divorce transfers between spouses and certain family gifts can be exempt (KRS 142.050(7)).

• Deed Contents and Source of Title

  Identify the grantor and grantee with full names and mailing addresses, state the consideration, and include the full legal description of the property (not just the street address). Kentucky also requires an in-care-of tax-bill address and a source-of-title reference to the prior deed (book and page) so the chain of title is clear (KRS 382.135; KRS 382.110). Confirm the description against the current vesting deed.

• Spouse Joins to Release Dower or Curtesy

  Kentucky is not a community-property state, but it retains dower and curtesy. A married grantor's spouse holds an inchoate dower or curtesy interest that survives a conveyance unless it is released (KRS 392.020). To pass clear title, the non-owner spouse should join in and sign the deed to relinquish dower or curtesy; a spouse who joined in the deed takes no such interest (KRS 392.040).

• Choosing the Instrument: Warranty vs Quitclaim

  Choose the deed to match the protection intended. A general warranty deed (with general warranty, KRS 382.030) warrants title against all claims, including those predating the grantor, and is the standard Kentucky sale instrument. A special warranty deed (with special warranty, KRS 382.040) covers only the grantor's own period of ownership. A quitclaim gives no covenants and suits transfers between family or co-owners. The reason for the transfer usually points to the right one.