South Dakota Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy
Understanding this form
This Warranty Deed is a legal document that allows a husband and wife to convert their ownership of property from tenants in common to joint tenants. This means that instead of holding separate shares of the property, they will own the property together, with rights of survivorship. This type of deed is important for ensuring that if one spouse passes away, the other automatically inherits the entire property, avoiding probate. It differs from other deeds by specifically addressing the change in ownership type between married couples.
What’s included in this form
- Grantors: Identification of the husband and wife transferring property.
- Grantees: Identification of the husband and wife receiving property as joint tenants.
- Property Description: Detailed legal description of the property being conveyed.
- Covenant of Seisin: Warranty that grantors own the property free of encumbrances.
- Provisions for Survivorship: Legal language that ensures property passes to the surviving spouse upon death.
When this form is needed
This form should be used when a married couple currently holds property as tenants in common and wishes to simplify their ownership structure to joint tenancy. This is common in situations where couples want to ensure that, in the event of one spouse's death, ownership of the property automatically transfers to the surviving spouse without going through probate.
Who should use this form
This form is intended for:
- Married couples who hold property as tenants in common and wish to convert to joint tenants.
- Spouses looking to ensure seamless transfer of property ownership upon death.
- Those needing a legally compliant document specific to South Dakota property laws.
Completing this form step by step
- Identify the grantors: Enter the full names of the husband and wife.
- Specify the grantees: List the names of the joint tenants (husband and wife).
- Provide the property description: Include the legal description of the property to be conveyed.
- Sign and date the deed: Both grantors must sign the document on the indicated lines.
- Include any additional documents: Attach the Certificate of Real Estate Value if required by local law.
Is notarization required?
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.
Common mistakes
- Failing to provide a complete legal description of the property.
- Not signing the deed or overlooking the need for witnesses.
- Incorrectly identifying the current form of ownership.
- Neglecting to file the deed as required by local regulations.
Benefits of completing this form online
- Convenience: Complete the form from the comfort of your home at your own pace.
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FAQ
What Is the Difference Between a Warranty Deed & a Survivorship Deed?A warranty deed is the most comprehensive and provides the most guarantees. Survivorship isn't so much a deed as a title. It's a way to co-own property where, upon the death of one owner, ownership automatically passes to the survivor.
A joint tenant can indeed sever the right of survivorship WITHOUT the consent of the other joint tenants.In order to sever the right of survivorship, a tenant must only record a new deed showing that his or her interest in the title is now held in a Tenancy-in-Common or as Community Property.
The term joint tenancy refers to a legal arrangement in which two or more people own a property together, each with equal rights and obligations. Joint tenancies can be created by married and non-married couples, friends, relatives, and business associates.
Each party has a full ownership interest in the property. The property will pass instantly to the survivor upon the death of the other without probate. Conveyance by one party without the other breaks the joint tenancy. Seller warrants that he/she has good title and will warrant and defend title.
A Survivorship Deed transfers residential or commercial property from one property owner (the grantor) to another (the grantee) while allowing them to avoid going through probate when they (the grantor) passes away. The parties transferring property in a Survivorship Deed must have full ownership of the property.
Joint tenancy is ideal for spousesJoint tenancy might look like an appealing shortcut in estate planning because it contains a right of survivorship, meaning assets avoid the probate process and surviving joint tenants assume immediate control. However, joint tenancy does have substantial risk associated with it.
The dangers of joint tenancy include the following: Danger #1: Only delays probate. When either joint tenant dies, the survivor usually a spouse or child immediately becomes the owner of the entire property. But when the survivor dies, the property still must go through probate.
If you are a joint tenant with your partner, you both have the right to carry on living in the property. However, either of you can give notice to the landlord to end the tenancy (unless it's a fixed-term tenancy).You might be able to negotiate with the landlord so that one of you can take out a new tenancy.
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.