Virginia Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy
What is this form?
This Warranty Deed allows a husband and wife to convert their property ownership from tenants in common to joint tenants. This form is particularly important for couples looking to ensure that their property passes directly to the surviving spouse upon death, avoiding probate. Unlike other deeds, this one specifically addresses the shift in ownership type between two individuals married to each other, highlighting the legal implications of joint tenancy, such as rights of survivorship.
What’s included in this form
- Identification of grantors (husband and wife) and grantees.
- Description of the property being converted.
- Covenants ensuring the property is free from encumbrances.
- Provisions for rights of survivorship between the grantees.
- Notarization section for legal acknowledgment.
Common use cases
This form is used when a married couple currently holds property as tenants in common and wishes to convert their ownership to joint tenancy. This may apply in situations such as estate planning, where they want to ensure survivorship rights are established or in cases where changing ownership structure can simplify property transfer upon death.
Intended users of this form
This form is intended for:
- Married couples who own property as tenants in common.
- Individuals looking to establish joint tenancy with right of survivorship.
- Couples planning their estate or transitioning property ownership structure.
How to complete this form
- Identify the grantors as the husband and wife.
- Clearly describe the property being converted from tenants in common to joint tenancy.
- Fill in the necessary details regarding encumbrances, if any.
- Include the date of the transaction and signatures of both grantors.
- Ensure the form is notarized for legal compliance.
Does this form need to be notarized?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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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.
Avoid these common issues
- Failing to properly identify the property being conveyed.
- Not having both spouses sign the deed.
- Omitting the notarization step, rendering the deed invalid.
- Confusing tenants in common with joint tenancy, leading to improper selection of the form.
Benefits of using this form online
- Convenience of completing the form from home.
- Editable format that allows for easy corrections before finalization.
- Access to legal templates developed by licensed attorneys.
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FAQ
It would be simple for us to say that you can simply record a new document putting both of you onto title to the home as joint tenants with rights of survivorship. Usually, when you make a simple change in the title from tenants in common to joint tenants, the taxing authorities will ignore that change.
With a Survivorship Deed in place, when one of the parties in a joint tenancy dies, the other party (or parties) takes over the deceased party's interest in the property instead of it passing to the deceased's heirs or beneficiaries.
In estate law, joint tenancy is a special form of ownership by two or more persons of the same property. The individuals, who are called joint tenants, share equal ownership of the property and have the equal, undivided right to keep or dispose of the property. Joint tenancy creates a Right of Survivorship.
If a home is owned by only one person then it is not registered with the Land Registry as either Joint Tenants or Tenants in Common. It is registered as a Sole Owner, you can only be a joint tenant or tenant in common if there is more than one owner of the property.
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.
' Spouses typically acquire title as tenants by the entireties, which only applies to spouses. Sometimes you will see a couple who acquired the property before marriage. In some states, a premarital joint tenancy automatically becomes tenants by the entireties upon marriage.
Tenancy by the entirety, another joint-owned property option, is when the parties are husband and wife. In this case, each spouse has an equal and undivided interest in the property. If one spouse dies, the full title of the property automatically passes to the surviving spouse.
You can change from being either: joint tenants to tenants in common, for example if you divorce or separate and want to leave your share of the property to someone else. tenants in common to joint tenants, for example if you get married and want to have equal rights to the whole property.
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.
