Should both spouses be on the deed?

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

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Arizona Special Warranty Deed from two individuals...

Arizona Special Warranty Deed from two individuals, or husband and wife, to an individual.

Name: Arizona Special Warranty Deed from two individuals, or husband and wife, to an individual.
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.59 (424 reviews)

Category:

Arizona Real Estate - Deeds - Special Warranty

State:

Arizona

Control #:

AZ-056-78

Format:

Instant download

Description

This form is a Special Warranty Deed where the Grantors are husband and wife, or two individuals, and the Grantee is an individual. Grantors grant and covey the described property to Grantee. Grantors warrant and will defend the property against only those claiming by, through or under Grantors and not otherwise. This deed complies with all state statutory laws.

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FAQ

If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.

The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner. The quitclaim deed must include the property's description, including its boundary lines.

A In order to make your partner a joint owner you will need to add his name at the Land Registry, for which there is a fee of £280 (assuming you transfer half the house to him). You won't, however, have to pay capital gains tax, as gifts between civil partners (and spouses) are tax free.

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

Enter your name in the "prepared by" space. List yourself as the grantor, as you're the party giving up your interest. Name yourself and your wife as the grantees. List your current primary residence in any spaces that request the grantor's address.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

Before adding your spouse to the deed, speak with your attorney. The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner.

Arizona Special Warranty Deed from two individuals, or husband and wife, to an individual.

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