Deed vs Title: What's the Difference?

Deed vs title at a glance

A deed is a piece of paper. Title is what that paper gives you. The National Association of Realtors (NAR) puts it this way:

Think of the deed as the receipt and the title as what you own. When you buy a home, the seller signs a deed. The deed moves the title to you. Then the county files the deed in the public record, so anyone can look up who owns the home.

Sources: NAR Consumer Guide: Deeds and Titles; Cornell LII, deed and title

What is a deed, and what is its purpose?

A deed's purpose is to move ownership. Cornell Law School's Legal Information Institute (LII) says a deed "transfers the title of an asset to a new owner." It is usually delivered at closing, the meeting where a sale is completed, and then recorded with the county.

A valid deed for a home must be in writing. Rules differ by state, but LII says most deeds need these parts:

Recording the deed protects the new owner. LII says recording "puts the public on constructive notice," a legal phrase meaning everyone is treated as knowing about it. That public record is how buyers, lenders and title companies learn who owns a home.

What is a home title?

A home title is your bundle of ownership rights. LII defines title as "the aggregate of legal rights" a person has to own and possess a property. For a house, that means the right to live there, use it, rent it out, borrow against it and sell it.

Title is not a document you can hold. That surprises many people, because cars have one.

In New York, for example, the DMV's certificate of title is the official proof that you own your car. Most homes have nothing like it. Your title is shown by the chain of recorded deeds at your county, from one owner to the next.

A few places do keep a title certificate. In Minnesota's Torrens system, Hennepin County says "a certificate of title is maintained by the county, showing the current owner(s) and interests in the land." Even there, the county keeps the certificate. It isn't a paper you store at home.

How can you hold title?

The way you hold title decides what happens when an owner dies. It is written on your deed. These are the most common ways for two or more people:

Source: Cornell LII on joint tenancy, tenancy in common and tenancy by the entirety

A deed in your name doesn't promise a clean title. A mortgage, a tax lien or an unpaid contractor's lien can stay attached to the property when it changes hands. Lawyers call these claims a "cloud on title." LII notes that a claim doesn't even have to be valid to cloud a title. It only has to look like it might be.

Lawyers also split title in two. LII says legal title is the ownership that "can be documented and is available through public records." Equitable title is the right to enjoy a property, with or without legal title. "True ownership requires legal title," LII adds.

Condos and co-ops work a little differently. NAR says condo owners usually hold the deed to their unit and share ownership of common areas. Co-op residents own shares in the whole building and hold a lease on their apartment, not a traditional deed. Homes in a homeowners association (HOA) come with a deed and title, but the HOA's rules may limit what you can do.

How does a deed transfer title?

Title moves when a valid deed is signed and delivered. The county's record catches up when the deed is recorded. Here is the usual order in a home sale:

1. Before closingTitle search. A title company or lawyer checks the county records for liens and other clouds. NAR says lenders usually require one.
2. ClosingThe seller signs the deed and it is delivered to the buyer. Title passes to the buyer.
3. RecordingThe deed is filed with the county recorder and becomes part of the public record.
4. After recordingThe original deed comes back to the new owner, and the county keeps a copy. Anyone can now see you own the home.

Sources: NAR; Cornell LII, deed; Delaware County, Pennsylvania, Recorder of Deeds FAQ, updated January 20, 2026

A sale can also trigger a tax. NAR says moving title triggers a one-time transfer tax, separate from yearly property taxes. Local law decides whether the buyer or the seller pays it.

Changing the names on title takes a new deed. Marriage, divorce, adding a child or moving the home into a trust all work the same way. The Delaware County Recorder of Deeds says that "to make ANY kind of change to a deed, a new deed must be drawn up." A real estate lawyer can prepare it.

What are the main types of deeds?

Deed types differ in what the seller promises about the title. LII names three main types. NAR says most home sales use general warranty deeds, which give buyers the most protection.

Sources: Cornell LII, deed and quitclaim deed; NAR Consumer Guide

Your state may use other names, such as a grant deed or a bargain and sale deed. They are versions of the same idea, with more or fewer promises.

Who keeps the deed, and how do you prove your title?

Your county keeps the official record, and you usually keep the original. The Delaware County Recorder of Deeds says it "does not retain original documents." The original deed goes to the new owner at closing or soon after, often in a folder with the title insurance papers.

Paying off your mortgage doesn't get you a deed. You already have one from when you bought the home. When the loan is paid, the lender files a release of the mortgage with the county. Delaware County answers this question first in its FAQ because so many people ask it.

If you lose the original deed, you still own your home. The recorded copy at the county is the public proof. Many counties, Delaware County among them, sell copies online.

Owner's title insurance protects your title in a different way. The Consumer Financial Protection Bureau (CFPB) says it "protects the homeowner if someone sues and says they have a claim against the home from before the homeowner purchased it." Your lender's policy protects only the lender.

Why does deed vs title matter for deed theft?

Thieves can't touch your title directly, so they forge a deed. In deed theft, a criminal fakes your signature on a deed, or poses as you, and records it at the county. On paper, the home now looks like theirs.

County offices record deeds that follow the rules. They don't check whether the signature is really yours. Florida's Seminole County Clerk says it plainly:

The Harris County Clerk in Texas says the same thing in its own words. It has "the ministerial duty to accept a document for recording" when the law allows it.

A forged deed doesn't give the thief your title. In 2015, New York's top court ruled on this in Faison v. Lewis.

Harvard Law professor Joseph Singer wrote that the court "reaffirmed the traditional rule that forged deeds do not convey title." He added that a forged deed "can never be the basis of a valid transfer," even for a buyer who didn't know. Our guide to deed fraud explains how these forgeries work and what the law says.

But the fake deed still clouds your record. Until a court cancels it, buyers and lenders may see the thief as the owner. The usual fix is a quiet title action, a lawsuit that asks a judge to confirm who owns the property. If it has already happened to you, start with our steps for a fraudulent deed on your home.

Watching your record is free in many places. Many counties will email you when a document is recorded in your name. Our guide to the free Property Fraud Alert explains how it works and what it misses.

Frequently asked questions