Can you re-record a warranty deed to add a grantee and change ownership type?

Full question:

Is it proper or even legal to re-record the original Warranty deed as a corrective deed, adding an additional grantee and changing the deed to Joint Tenancy with Right of Survivorship. Does it matter that the added grantee was not a party to the original purchase and that title insurance was only issued in the name of the original grantee?

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Arkansas

Answer:

A deed must be voluntarily transferred by all parties named on it. To add a new party, the existing parties must transfer the property to themselves and the new owner. This process is not a correction; it typically requires a court order for clerical errors.

A deed is a written document that transfers ownership or interest in real property. It must describe the property, name the grantor (the party transferring the property), name the grantee (the party receiving the property), and be signed and notarized by the grantor. Deeds must also be acknowledged to be recorded and accepted as proof of ownership. Delivery and acceptance of the deed are necessary for it to be effective. Acceptance can be shown through actions or words indicating the intention to accept, such as recording the deed.

There are two main types of deeds: warranty deeds, which guarantee that the grantor owns the title, and quitclaim deeds, which transfer only the interest the grantor has. A general warranty deed creates liability for the grantor regarding recorded matters, while a quitclaim deed does not come with warranties and leaves the buyer subject to existing claims on the property. Even after executing a quitclaim deed, a person remains liable for mortgage payments on the property securing the mortgage. Quitclaim deeds are often used among family members or co-owners when ownership is clear or to clear the title.