Delaware special warranty deed
Here is what Delaware actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Recorder of Deeds
- Witnesses
- Notary only
- Transfer tax
- 4% of consideration total
- First-page margin
- 3″ top
- Recording fee
- ~$40 first page
- E-recording
- Generally available
What a special warranty deed does in Delaware
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When Delaware property owners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What Delaware requires on the deed
These are the execution and formatting rules recorders of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What Delaware says |
|---|---|
| Recording office | Recorder of Deeds |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
How to complete and record it in Delaware
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Recorder of Deeds can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with Delaware's statutory language, the correct notary block, and the 3-inch first-page margin recorders of deeds expect.
- Sign in front of a notaryBring photo ID. Do not sign in advance. The signature has to be made in the notary's presence.
- Record it with the Recorder of DeedsFile in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in Delaware
| Cost | Typical amount |
|---|---|
| Recording fee | About $40 for the first page |
| Transfer tax | Realty transfer tax: 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
Delaware charges a realty transfer tax of 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller. It is customarily paid by the negotiated. Cities and counties may add their own on top, so check the municipality rather than just the county.
Exemptions that commonly apply to a transfer like this: transfers between spouses, gifts between parent and child or other close family, transfers to a trust for the grantor's benefit, and first-time homebuyer reduction on the buyer's share. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in Delaware
Delaware deeds are recorded with the Recorder of Deeds in the county where the property sits, not where you live. There are 3 counties in Delaware.
Most Delaware recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in Delaware: New Castle, Sussex, Kent. See all Delaware recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of Delaware law that catch people out
- Delaware has only three counties (New Castle, Kent, and Sussex) so there are just three recording offices statewide.
- Delaware's 4% combined realty transfer tax is one of the highest in the US. Family and spousal exemptions matter a lot here.
- Delaware allowed transfer on death deeds starting December 4, 2025. Almost everything written before then says Delaware has none.
- A Delaware TOD deed needs two witnesses, and at least one of them cannot be a beneficiary. Ordinary Delaware deeds need no witnesses at all.
- Tenancy by the entirety is available and is the default presumption for married couples taking title together.
How to hold title in Delaware
When two or more people take title in Delaware and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in Delaware: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
$69, one time. Your finished deed appears in full before you pay, with Delaware's witness rules, margins, and recording instructions already applied.
Common questions
No. Delaware has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the Recorder of Deeds. Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $40 for the first page. Delaware also charges realty transfer tax of 4% of consideration total (2.5% state plus 1.5% county or municipal), customarily split between buyer and seller, though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
No. Delaware requires only that the grantor's signature be acknowledged before a notary public. Forms that show witness lines are usually generic templates borrowed from another state.
With the Recorder of Deeds in the county where the property is located, not where you live, and not where the buyer lives. Delaware has 3 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- Delaware quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- Delaware general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- Delaware transfer on death deedNames who inherits your property, skips probate, and changes nothing while you're alive.
- Delaware life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- All deed rules for DelawareRecording offices, transfer tax, witness rules, and fees.
- Delaware recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.