Mississippi Warranty Deed from Husband and Wife to LLC

State:
Mississippi
Control #:
MS-09-78
Format:
Word; 
Rich Text
Instant download

What is this form?

The Warranty Deed from Husband and Wife to LLC is a legal document that allows a married couple to transfer property ownership to a limited liability company. This form ensures that the grantors (the husband and wife) convey the property, while reserving rights to the oil, gas, and minerals on the land. Unlike other deed types, a warranty deed provides a guarantee against potential issues related to ownership claims, making it a secure choice for property transfer.

Key parts of this document

  • Names of the grantors (husband and wife) and the grantee (LLC).
  • Legal description of the property included as an exhibit.
  • Statement of consideration, acknowledging payment for the property.
  • Provisions regarding ad valorem taxes and their proration.
  • Space for signatures of the grantors and date of the deed.
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When to use this form

This form is needed when a married couple wishes to legally transfer ownership of their property to a limited liability company they may own or manage. It is useful in situations where couples seek asset protection, tax benefits, or want to simplify property management by placing it under an LLC.

Who needs this form

  • Married couples looking to transfer property to an LLC.
  • Property owners who want to ensure clear title and ownership rights.
  • Individuals seeking to protect assets through a limited liability company.

Instructions for completing this form

  • Identify the parties: Enter the full names of the husband and wife as grantors and the name of the LLC as the grantee.
  • Specify the property: Describe the property being transferred, including a legal description (attached as Exhibit A).
  • Enter the consideration amount: Write the amount for which the property is being sold, acknowledging receipt.
  • Address taxes: Note any arrangements regarding the proration of ad valorem taxes.
  • Sign and date the deed: Both grantors must sign and date the document to validate the transfer.

Does this form need to be notarized?

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.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Form selector

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

Form selector

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.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Forgetting to include a complete legal description of the property.
  • Not entering the correct names of the grantors and the grantee.
  • Failing to sign and date the deed properly.
  • Neglecting to check state-specific requirements that may be necessary for the deed's validity.

Why use this form online

  • Convenient access to professionally drafted legal templates anytime.
  • Editable forms that allow you to customize details easily.
  • Reliable and legally vetted content drafted by licensed attorneys.

What to keep in mind

  • The Warranty Deed from Husband and Wife to LLC is essential for transferring property ownership from a couple to an LLC.
  • It includes important sections for identifying parties, property details, and tax responsibilities.
  • Understanding local laws is crucial for ensuring the transfer is valid and recognized.

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FAQ

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.

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.

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.

Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.

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.

In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.

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.

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

Once signed and notarized, a Mississippi deed must be recorded. The deed must be presented to the Recorder of Deeds in the county where the property is located. The transfer takes effect when signed and accepted by the grantee. However, recording provides notice to the public that the property was transferred.

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Mississippi Warranty Deed from Husband and Wife to LLC