Wisconsin Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy
Overview of this form
This Warranty Deed is a legal document used by a husband and wife to convert their ownership of property from tenants in common to joint tenancy. Unlike tenants in common, joint tenants have a right of survivorship, meaning that if one owner passes away, their share automatically transfers to the surviving owner. This form is essential for couples who want to simplify property transfer upon death, ensuring the property remains with the surviving spouse without going through probate.
Key parts of this document
- Identification of grantors (husband and wife) and grantees.
- Description of the property being transferred.
- Stipulations regarding title and encumbrances.
- Covenant guaranteeing free and clear title from grantors to grantees.
- Signatures of grantors and requirements for notarization.
When to use this document
This form is necessary when a married couple currently holds property as tenants in common and wishes to change their ownership to joint tenants. This situation may arise when couples want to ensure that the property automatically passes to the surviving spouse in the event of one partner's death. Using this form can help prevent potential disputes or complications regarding the ownership of the property after one spouse passes away.
Who needs this form
- Married couples who jointly own real estate as tenants in common.
- Individuals seeking to establish joint tenancy to secure survivorship rights for their spouse.
- Homeowners looking to streamline property transfer during estate planning.
Instructions for completing this form
- Identify the grantors by entering the names of both spouses.
- Specify the property being transferred, including a full legal description and parcel identification number.
- Indicate the terms for any existing encumbrances or liens on the property.
- Provide signatures of both grantors and date the document appropriately.
- Ensure the form is notarized where required to validate the deed.
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.
Avoid these common issues
- Failing to accurately describe the property or include the parcel identification number.
- Not having the deed notarized, if required by local laws.
- Leaving out signatures from either grantor which can invalidate the deed.
Benefits of using this form online
- Convenience of accessing and completing the form from any device.
- Editable fields allow for easy entry of information without the need for printing.
- Generated forms are formatted correctly to meet legal standards.
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FAQ
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.
Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called right of survivorship, which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.
You can apply to court to change your ex-partner's tenancy to your name, or remove their name from a joint tenancy. You can apply for a 'transfer of tenancy' if: your landlord refuses to change your tenancy. your tenancy doesn't allow a transfer.
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.
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
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.
Fill out the "grantor" section of the warranty deed. The grantors are the givers, or current owners, of the property. Use the legal name of each grantor and insert current addresses after each grantor's name.
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
