South Carolina General Warranty Deed for Husband and Wife from Joint Tenants to Tenants in Common
Definition and meaning
A South Carolina General Warranty Deed is a legal document that conveys real estate from one party to another. Specifically, this deed transfers property ownership from a married couple who hold the title as joint tenants to the same couple as tenants in common. This transition alters the nature of ownership, allowing each party to own a distinct share of the property that can be sold or passed on independently upon death.
How to complete a form
Completing the South Carolina General Warranty Deed involves several key steps:
- Download the form: Locate the deed on a reliable legal forms website.
- Fill in the parties' names: Enter the legal names of the grantors (the sellers) and the grantees (the buyers).
- Provide property details: Include a legal description of the property, including the Tax Map Number and prior instrumentation references.
- Signature and notarization: Have all parties sign the document in the presence of a notary public. Ensure that the notary includes their signature, seal, and the expiration date of their commission.
Who should use this form
This form is intended for married couples in South Carolina who currently own property as joint tenants and wish to change their ownership status to tenants in common. This change can be beneficial for estate planning, allowing for easier transfer of ownership and clear division of property among heirs or beneficiaries in the event of death.
Legal use and context
The South Carolina General Warranty Deed provides the highest level of protection for grantees since it warrants that the grantors hold clear title to the property and have the right to transfer it. This form is particularly useful in situations where ownership needs to be clearly delineated, and it can help prevent future disputes over property rights.
State-specific requirements
When using the South Carolina General Warranty Deed, it's important to meet specific state requirements:
- Original signatures: All signatures must be original, and blue ink is encouraged for clarity.
- Witnesses: The document typically requires the signatures of two witnesses.
- Notarization: Must be signed by a licensed notary public in South Carolina.
Common mistakes to avoid when using this form
To successfully complete the deeds, avoid these common pitfalls:
- Incorrect property description: Ensure the legal description of the property is accurate and matches public records.
- Missing signatures: Confirm that all required parties have signed the document.
- Notarization errors: Double-check that the notary's information is correctly filled out, including the expiration date.
Form popularity
FAQ
South Carolina Fillable Forms is a FREE product and is only for filing your South Carolina return. South Carolina Fillable Forms provides the option to fill out your return online and mail it to the SCDOR OR to submit your return the SCDOR electronically.
If you qualify for a paper copy of a tax form based on these criteria, you can email your paper form request to forms@dor.sc.gov or call 1-844-898-8542 to speak to a representative. You will need to provide your name, address, and the form you are requesting.
Employee instructions Complete the SC W-4 so your employer can withhold the correct South Carolina Income Tax from your pay. If you have too much tax withheld, you will receive a refund when you file your tax return.
File SC1040, including all federal taxable income, and attach SC1040TC to claim a credit for taxes paid to another state.