Mississippi Warranty Deed from Husband to Himself and Wife
Overview of this form
A Warranty Deed from Husband to Himself and Wife is a legal document used to transfer property ownership from the husband to both himself and his wife as joint tenants. This form ensures that ownership is shared, each having rights of survivorship. It differs from other deed types by specifically outlining the inclusion of joint ownership and the reservation of certain mineral rights, making it a suitable choice for married couples wanting to hold property together.
Form components explained
- Identification of grantor (husband) and grantees (husband and wife).
- Statement of valuable consideration, confirming the transfer of property.
- Legal description of the property being transferred, which must be attached as an exhibit.
- Joint tenancy with rights of survivorship, specifying equal rights to the property.
- Reservation of mineral rights, if applicable, indicating what rights are not included in the transfer.
When this form is needed
This deed is appropriate when a husband wants to formally transfer property ownership to both himself and his wife. Common scenarios include estate planning, ensuring property rights in the event of death, or for tax considerations. It is particularly useful for couples looking to safeguard their ownership interests while maintaining control over the property as joint tenants.
Intended users of this form
- Married couples wishing to hold property together.
- Individuals wanting to clarify property ownership for estate planning.
- Those seeking to manage their property rights in a joint tenancy arrangement.
Completing this form step by step
- Identify the parties by listing the full names of the husband and wife as grantor and grantees.
- Enter the appropriate county and judicial district information at the beginning of the document.
- State the consideration amount being exchanged, typically ten dollars.
- Attach the legal description of the property as an exhibit for clarity.
- Sign and date the form, ensuring that all parties agree to the terms outlined.
Notarization guidance
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes
- Failing to attach the legal property description.
- Not including all necessary parties in the deed.
- Omitting signature lines or dates, which can invalidate the deed.
Benefits of completing this form online
- Convenient access to legal forms without needing professional assistance.
- Editability allows you to customize the form for your specific situation.
- Reliability, as each form is drafted by licensed attorneys ensuring compliance with legal standards.
Form popularity
FAQ
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.
After your Warranty Deed has been recorded at the County Clerk's Office, it can be sent to the grantee. However, any person or corporation can be designated as the recipient of the recorded Warranty Deed.
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.
A property deed, or house deed, is a legal document that transfers ownership of real estate from the grantor (seller) to the grantee (buyer). Property deeds are the legal tool of defining ownership. When a property or house is sold, the buyer and seller sign the deed to transfer ownership.
The original deed is returned to the owner of the property from the office of the recorder after proper entry. The office of the Recorder of Deeds maintains a set of indexes about each deed recorded, for an easy search. Almost all states have a grantor-grantee index including a reference to all documents recorded.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
