Maryland Warranty Deed from Husband to Himself and Wife

State:
Maryland
Control #:
MD-016-77
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the grantor is the husband and the grantees are the husband and his wife. Grantor conveys and warrants the described property to grantees as joint tenants with rights of survivorship less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all state statutory laws.

Definition and meaning

A Maryland Warranty Deed from Husband to Himself and Wife is a legal document used to transfer real property ownership between individuals. In this case, it designates a husband transferring ownership of property to both himself and his wife as joint tenants. This means they hold equal rights to the property, including rights of survivorship, which allows the surviving partner to inherit the property automatically upon the death of the other.

How to complete a form

Completing the Maryland Warranty Deed requires careful attention to detail. Follow these instructions:

  • Start with the date of execution at the top of the document.
  • Identify the Grantor, which is the husband in this case, and provide their name and address.
  • Specify the Grantees: list both the husband and wife as joint tenants.
  • Describe the property in detail, including the county and state, and attach any additional property descriptions if necessary.
  • Indicate any reservations of rights, such as mineral rights, that the Grantor may want to maintain.
  • Have the document signed by the Grantor and include the name of a supervising Maryland attorney if applicable.
  • Don’t forget to have the document notarized, ensuring all necessary signatures are verified.

Key components of the form

The Maryland Warranty Deed includes several key components that are essential for its validity:

  • Parties Involved: Clearly state the Grantor and Grantees' names.
  • Property Description: Include a complete description of the property being transferred, often found in an attached document.
  • Consideration: Mention the purchase price or valuable consideration given for the property.
  • Easements and Reservations: Note any reservations for mineral rights or existing easements.
  • Signatures: The Grantor must sign the document, and it may require a witness or notarization.

Who should use this form

This form is ideal for married couples who wish to formalize joint ownership of a property in Maryland. It is particularly useful for:

  • Couples acquiring property together.
  • Individuals who wish to reaffirm their ownership of a property they have previously owned alone.
  • People looking to simplify estate planning by ensuring property transfers to a surviving spouse automatically.
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FAQ

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.

If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.

One of the simplest ways to add your wife to the home title is by using an interspousal deed. You can transfer the property from your sole and separate property to mutual tenancy, such as joint tenants with right of survivorship, with your wife.

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.

A In order to make your partner a joint owner you will need to add his name at the Land Registry, for which there is a fee of £280 (assuming you transfer half the house to him). You won't, however, have to pay capital gains tax, as gifts between civil partners (and spouses) are tax free.

A quitclaim deed will remove the out-spouse (or departing spouse) from the title to the property, effectively relinquishing their equity or ownership in the home. The execution of a quitclaim deed is typically a requirement of a divorce settlement in order to complete the division of assets.

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Maryland Warranty Deed from Husband to Himself and Wife