Ohio Warranty Deed
An Ohio warranty deed guarantees clear title and defends the buyer against claims under general warranty covenants, recorded with the county recorder.
Introduction
Ohio codifies its warranty deed directly: Ohio Revised Code Section 5302.05 sets a statutory general warranty deed whose words grant, with general warranty covenants are defined by Section 5302.06 to bind the grantor to warrant and defend the title against the lawful claims of all persons. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a limited or special warranty deed covers only problems created during the seller's own ownership. Ohio is important to understand here because Ohio codifies the warranty deed directly. Ohio Revised Code Section 5302.05 sets out a statutory general warranty deed whose operative words are grant, with general warranty covenants, and Section 5302.06 gives those words their meaning: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons. Ohio also codifies a limited warranty deed (Section 5302.07) and a quit-claim deed (Section 5302.11). Before the county recorder will record the deed, it must first go to the county auditor for the statement of value and conveyance fee (Sections 319.202 and 317.22). You record the signed, notarized deed with the county recorder of the county where the property sits (Section 5301.25). DocDraft builds your Ohio deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim; it gives the buyer the strongest title protection and is the opposite of a quit-claim deed, which guarantees nothing.
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Ohio codifies a statutory general warranty deed. The operative words grant, with general warranty covenants (Ohio Revised Code Section 5302.05) carry the four covenants defined in Section 5302.06: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons.
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Ohio also codifies a limited (special) warranty deed. Under Section 5302.07 and Section 5302.08 the words grant, with limited warranty covenants defend the title only against claims by, through, or under the grantor, but against none other, so it covers defects created during the grantor's own ownership.
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You record the signed deed with the county recorder of the county where the property is located (Section 5301.25(A)). An unrecorded deed is fraudulent as against a later good-faith purchaser without knowledge, so record promptly to protect your interest.
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Ohio has an extra step: before the recorder can record, the deed must go to the county auditor, who takes the statement of value (form DTE 100), collects the conveyance fee, and endorses the deed transferred (Sections 319.202, 319.20, and 317.22).
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The grantor's signature must be acknowledged before a notary (or a judge, clerk of a court of record, county auditor, county engineer, or mayor) before the deed can be recorded (Section 5301.01(A)). Ohio does not require subscribing witnesses for a deed executed on or after February 1, 2002.
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Ohio charges a mandatory conveyance fee of 1 dollar or 10 cents for each 100 dollars of value, whichever is greater (Section 319.54(G)(3)), and a county may add its own transfer tax up to 30 cents per 100 dollars (Section 322.02(A)). Ohio also retains dower, so a non-owner spouse usually signs to release dower rights (Section 2103.02).
Key decisions before you file
Before you file a Warranty Deed in Ohio, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Once your Warranty Deed is ready, you can check whether it needs to be notarized in Ohio in about a minute, and notarize it online through DocDraft if it does.
Ohio Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Ohio codifies a statutory general warranty deed (Ohio Revised Code Section 5302.05), and Section 5302.06 defines the general warranty covenants: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons. This is the strongest title protection.
Ohio codifies three deed tiers. The general warranty deed (Section 5302.05 and Section 5302.06) defends against all persons, including defects predating the grantor. The limited (special) warranty deed (Section 5302.07 and Section 5302.08) uses the words grant, with limited warranty covenants and defends only against claims by, through, or under the grantor, but against none other. The quit-claim deed (Section 5302.11) conveys without covenants of any kind.
Record the signed, notarized deed with the county recorder of the county in which the premises are situated (Ohio Revised Code Section 5301.25(A)). Until it is recorded, the deed is fraudulent insofar as it relates to a subsequent good-faith purchaser who has no knowledge of it, so record promptly to protect your interest.
Ohio requires a two-office sequence. Before the recorder may record, the deed must go to the county auditor, who receives the statement of value (form DTE 100), collects the conveyance fee, transfers the parcel on the tax list, and endorses the deed transferred or transfer not necessary (Sections 319.202, 319.20, and 317.22). The recorder cannot record the deed until that auditor endorsement is present.
The grantor must sign the deed, and the signature must be acknowledged before a notary public (or a judge, clerk of a court of record, county auditor, county engineer, or mayor) before the deed can be recorded (Ohio Revised Code Section 5301.01(A)). Ohio does not require subscribing witnesses for a deed executed on or after February 1, 2002, so a proper notarial acknowledgment is the recording path.
Ohio charges a mandatory conveyance fee of 1 dollar or 10 cents for each 100 dollars of value, whichever is greater (Section 319.54(G)(3)), and a county may add a permissive real property transfer tax up to 30 cents per 100 dollars (Section 322.02(A)). The grantee files a statement of value (form DTE 100, or DTE 100EX to claim an exemption) with the auditor before the deed is endorsed (Section 319.202).
Identify the grantor and grantee, state the grantee tax-mailing address, give the prior instrument reference (Volume and Page), state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current deed of record.
Ohio retains an inchoate dower interest: a spouse who has not relinquished it is endowed of a life estate in one third of the real property the other spouse owned during the marriage (Ohio Revised Code Section 2103.02). Because dower can survive a conveyance made during the marriage, the statutory warranty deed form includes a dower-release line, so the non-owner spouse commonly signs to release dower. Confirm how title is held before signing to avoid a defective transfer.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Ohio codifies both: the general warranty deed under Ohio Revised Code Section 5302.05 carries the general warranty covenants of Section 5302.06 (seisin, free of encumbrances, right to convey, and warrant and defend against all persons), while the quit-claim deed under Section 5302.11 conveys without covenants of any kind on the part of the grantor.
A general warranty deed in Ohio guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. Ohio Revised Code Section 5302.06 gives the operative words general warranty covenants their meaning: the grantor is lawfully seized in fee simple, the premises are free from all encumbrances, the grantor has good right to sell and convey, and the grantor does warrant and will defend the title against the lawful claims and demands of all persons. A limited warranty deed instead defends only against claims arising through the grantor.
Ohio uses a warranty deed, not a bare grant deed. Ohio Revised Code Section 5302.05 codifies a statutory general warranty deed whose operative words are grant, with general warranty covenants, and Section 5302.06 defines those covenants. Ohio also codifies a limited warranty deed (Section 5302.07) and a quit-claim deed (Section 5302.11). The general warranty deed is the everyday instrument for an Ohio sale because it gives the buyer the fullest title protection.
You record the signed, notarized deed with the county recorder of the county where the property is located (Ohio Revised Code Section 5301.25(A)). Ohio adds an extra step first: the deed must go to the county auditor, who takes the statement of value (form DTE 100), collects the conveyance fee, and endorses the deed transferred; the recorder cannot record until that endorsement is present (Sections 319.202, 319.20, and 317.22). Because an unrecorded deed is fraudulent as against a later good-faith purchaser, record promptly.
Ohio does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or the dower release can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Ohio deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before an Ohio deed can be recorded, the grantor's signature has to be acknowledged before a notary (or a judge, clerk of a court of record, county auditor, county engineer, or mayor) under Ohio Revised Code Section 5301.01(A). Ohio does not require subscribing witnesses for a deed executed on or after February 1, 2002, so a proper notarial acknowledgment is what allows the county recorder to record it.
Usually yes when the property is sold. Ohio charges a mandatory conveyance fee of 1 dollar or 10 cents for each 100 dollars of value, whichever is greater (Ohio Revised Code Section 319.54(G)(3)), collected by the county auditor when you file the DTE 100 statement of value. A county may also levy its own real property transfer tax up to 30 cents per 100 dollars (Section 322.02(A)). Gifts between spouses or parent and child, and transfers with no money consideration, can be exempt with the proper reason stated on a DTE 100EX.
Often yes, to release dower. Ohio retains an inchoate dower interest: a spouse who has not relinquished it is endowed of a life estate in one third of the real property the other spouse owned during the marriage (Ohio Revised Code Section 2103.02). Because that interest can survive a conveyance made during the marriage, the R.C. Section 5302.05 statutory warranty deed form includes a dower-release line, so the non-owner spouse commonly signs to release dower. Confirm how title is held before signing to avoid a defective transfer.