Updated on August 25th, 2022
An Ohio general warranty deed is a legal form that transfers one’s interest in real estate with a guarantee as to the validity and quality of the interest being conveyed. The guarantee protects the grantee/buyer from liability against undisclosed title defects (e.g., unpaid property tax, mechanic’s liens), even if such defects transpired before the grantor/seller owned the real estate. The deed also warrants that the grantor came to own the property legitimately and has the legal authority to transfer title rights.
Ohio is one of only a handful of states where an individual’s spouse is given “dower rights,” which entitle them to one-third of any real property acquired during the marriage. The grantor’s spouse (if any) can release their dower rights by signing the waiver contained in the general warranty deed.
- Statutes: §§ 5302.05, 5302.06
- Formatting: §§ 317.114, 317.112, 317.113
- Signing Requirements (§ 5301.01(A)): Notary Public (or other authorized official)
- Where to Record (§ 5301.25(A)): County Recorder
- Recording Fees (§ 317.32(A)(1)): $34 for the first two (2) pages; $8 for each additional page
- Residential Property Disclosure Statement (§ 5302.30): Before transferring residential real estate, the grantor must deliver this disclosure to the grantee to reveal all known material property defects.