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Pennsylvania Warranty Deed - Individual to Husband and Wife as Tenants in Common

State:
Pennsylvania
Control #:
PA-021-78
Format:
Word; 
Rich Text
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What this document covers

The Warranty Deed - Individual to Husband and Wife as Tenants in Common is a legal document that transfers property ownership from one individual (the grantor) to a married couple (the grantees) who will hold the property as tenants in common. This type of deed provides a warranty, ensuring that the grantor has the right to convey the property and that it is free from all encumbrances, except as noted. It differs from other deeds, such as quitclaim deeds, by offering this guarantee, making it a secure choice for transferring property ownership between individuals who share a marital relationship.

Key components of this form

  • Identification of the grantor and grantees, specifying their legal names.
  • Description of the property being transferred, including a legal description attached as an exhibit.
  • Warranty clause affirming that the grantor holds clear title to the property.
  • Signatures of the grantor, along with the date of execution.
  • Provisions related to easements and encumbrances that may affect the property.
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  • Preview Warranty Deed - Individual to Husband and Wife as Tenants in Common
  • Preview Warranty Deed - Individual to Husband and Wife as Tenants in Common
  • Preview Warranty Deed - Individual to Husband and Wife as Tenants in Common
  • Preview Warranty Deed - Individual to Husband and Wife as Tenants in Common
  • Preview Warranty Deed - Individual to Husband and Wife as Tenants in Common

When this form is needed

This form should be used when an individual wishes to convey property ownership to their spouse where the couple will own the property as tenants in common. Common scenarios include transferring family property, adding a spouse’s name to a title, or during estate planning processes. This form provides a clear legal record of the transaction and helps establish ownership rights between the parties involved.

Who this form is for

This form is suitable for:

  • Individuals wishing to transfer property to their spouse.
  • Married couples wanting to establish ownership as tenants in common.
  • Homeowners looking to make a legal record of property ownership changes.

How to prepare this document

  • Identify the grantor by entering the individual’s legal name.
  • List the legal names of the grantees, indicating that they are husband and wife.
  • Provide a detailed description of the property being transferred, including a legal description.
  • Fill in the date of the transaction and ensure the grantor signs the document.
  • Consider having the form notarized for added legal credibility.

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.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to provide a complete legal description of the property.
  • Not signing or dating the form correctly.
  • Leaving out essential information about encumbrances or easements affecting the property.

Why complete this form online

  • Convenience of completing the form from home without needing to visit a lawyer.
  • Editability, allowing you to easily make changes before finalizing the document.
  • Access to professionally drafted forms that comply with local laws, ensuring reliability.

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FAQ

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.

Serve a written notice of the change (a 'notice of severance') on the other owners - a conveyancer can help you do this. Download and fill in form SEV to register a restriction without the other owners' agreement. Prepare any supporting documents you need to include.

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.

Joint tenants, on the other hand, must obtain equal shares of the property with the same deed, at the same time.The default ownership for married couples is joint tenancy in some states, and tenancy in common in others (see Top 10 Reasons for Unmarried Partners to Own Property as Joint Tenants).

If you look at the registered title to your own jointly owned property and the text isn't shown on it, you own it as joint tenants. If it is there, you own it as tenants-in-common.This title is dealt with by Land Registry, Sample Town Office.

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.

Deciding on Asset Ownership Can Start When You Marry You can own the property as joint tenants or as tenants in common. In a joint tenancy, the partners own the whole property and do not have a particular share in it, while tenants in common each have a definite share in the property.

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.

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.

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Pennsylvania Warranty Deed - Individual to Husband and Wife as Tenants in Common