Pennsylvania Warranty Deed - Individual to Husband and Wife as Tenants in Common
Overview of this form
The Warranty Deed - Individual to Husband and Wife as Tenants in Common is a legal document that allows an individual (the grantor) to transfer property ownership to a husband and wife (the grantees) while retaining their rights as tenants in common. This deed not only conveys property but also provides a warranty that the grantor has the legal right to sell the property. This form is essential for establishing shared ownership between spouses and differentiates from other deeds by specifying tenants in common rather than joint tenants.
Key components of this form
- Names of the grantor (individual) and grantees (husband and wife).
- Legal description of the property being conveyed.
- Declaration of the property ownership structure (tenants in common).
- Warranties by the grantor regarding the title and absence of encumbrances.
- Signatures of the grantor and acknowledgment by a notary.
When to use this document
Use this Warranty Deed when you, as an individual, wish to transfer property ownership to a husband and wife as tenants in common. This scenario often arises during marriage when one spouse wants to add the other to the property title or when a property owner wants to ensure joint ownership while maintaining separate shares. It's important to use this form to formalize the ownership arrangement and provide legal protections.
Who can use this document
- Individuals who own property and wish to add their spouse to the title.
- Married couples who want to hold property as tenants in common for estate planning purposes.
- Property owners needing to document the transfer of ownership between spouses.
How to complete this form
- Identify the grantor and enter their full legal name.
- Enter the names of the grantees (husband and wife) exactly as you want them to appear on the title.
- Provide the legal description of the property being transferred.
- Ensure the grantor signs the document in the presence of a notary.
- Include the date of the transfer and any additional terms as needed.
Notarization guidance
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
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.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to provide a complete legal description of the property.
- Not having the document notarized when required.
- Entering incorrect names or spellings for the grantor or grantees.
- Not specifying any existing encumbrances if applicable.
Why complete this form online
- Convenience of completing forms at your own pace from home.
- Editability allows for corrections before finalizing the document.
- Access to professionally drafted forms that comply with state laws.
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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.