Iowa General Warranty Deed (To Joint Tenants with Right of Survivorship)
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FAQ
Signing (§ 558.31) ? A quit claim deed must be signed with the Grantor(s) in the presence of a Notary Public. Additional Documents ? The State of Iowa requires that all Quit Claim Deeds that are filed also have the Groundwater Hazard Statement & Declaration of Value attached when filing to the County Recorder.
Disadvantages of joint tenants with right of survivorship JTWROS accounts involving real estate may require all owners to consent to selling the property. Frozen bank accounts. In some cases, the probate court can freeze bank accounts until the estate is settled.
An Iowa general warranty deed transfers property ownership from a grantor to a grantee with covenants that ensure its title is clear and that the grantor has the right to transfer. This type of deed is the most commonly used and is generally executed in conjunction with a purchase agreement.
Premises Clause. Also known as the granting clause, is the only legally necessary clause required in a deed. ... Habendum Clause. Specifies the legal rights being given. Reddendum Clause. ... Warrants in deeds. ... General Warranty Deed. ... Warrant of Seisin. ... Warrant of quiet enjoyment. ... Warranty Forever.
Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately becomes the owner of the whole property upon the death of the other joint tenant. This is called a Right of Survivorship.
A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.
In order to create a joint tenancy with rights of survivorship, the deed must clearly reflect the survivorship intention. If it does not, Jack and Jill will take title as set forth below. The preferred language is "Jack and Jill, as joint tenants with full rights of survivorship".
As with any conveyance of real estate, a warranty deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.
