South Carolina Warranty Deed from Husband and Wife to LLC
About this form
This Warranty Deed from Husband and Wife to LLC is a legal document that facilitates the transfer of property ownership from a married couple (the grantors) to a limited liability company (the grantee). This form is essential for ensuring that the property is conveyed along with certain rights while excluding oil, gas, and minerals that are retained by the grantors. It serves to legally document the transition of property ownership, establishing clear rights and responsibilities between the parties involved.
Main sections of this form
- Description of the property being conveyed
- Prior instrument reference for tracking ownership
- Reservation of rights to oil, gas, and minerals by the grantors
- Clauses regarding easements and rights-of-way
- Signatures of both grantors and witnesses
- Notary acknowledgment section
When to use this form
This form should be used when a husband and wife wish to transfer ownership of their real property to a limited liability company, particularly when the couple intends to maintain certain rights to mineral interests. It is useful in various real estate transactions, including those related to business formations, estate planning, or asset protection where LLCs are involved.
Who needs this form
This form is intended for:
- Married couples who own real estate and wish to transfer it to an LLC
- Members of an LLC that are acquiring property from individual owners
- Individuals handling real estate transactions involving family businesses or estates
How to complete this form
- Identify the parties involved: Include the names of both grantors and the LLC.
- Describe the property: Specify the property location and details or indicate "SEE DESCRIPTION ATTACHED."
- Record the prior instrument reference: Fill in the relevant Book and Page details from prior ownership records.
- Complete the reservation section: Note any oil, gas, or mineral rights reserved by the grantors.
- Gather necessary signatures: Ensure both grantors sign the document in front of witnesses.
- Obtain notarization: Have the document notarized as required to validate the transaction.
Notarization requirements for this form
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.
Common mistakes to avoid
- Failing to include a clear property description, leading to ambiguity.
- Not obtaining signatures from witnesses as required.
- Neglecting to reserve rights to oil, gas, and minerals if applicable.
- Forgetting to notarize the document, which may render it invalid.
Why use this form online
- Convenience of downloading and completing the document from home.
- Editability allows you to customize the form as needed.
- Reliability of templates drafted by licensed attorneys ensures legal compliance.
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FAQ
An original, wet signed document. Signature of the Party of the First Part. Two witnesses to the signature. A South Carolina Probate or Acknowledgement. A property description to include a recorded plat reference or metes and bounds description.
The South Carolina deed recording fee is imposed for the privilege of recording a deed, and is based on the transfer of real property from one person or business entity to another. The fee is generally imposed on the grantor of the real property, although the grantee may be secondarily liable for the fee.
In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann.
Review the property title to see who is officially listed on it. Sign the title over to the new owner in the place that is noted. Complete a general warranty deed to show the transfer of ownership from you to another. Pay the real estate transfer tax as levied in South Carolina.
To sign over property ownership to another person, you'll use one of two deeds: a quitclaim deed or a warranty deed.
Laws § 27-7-20. Recording All forms must be filed at the County Recorders of Deeds. Signing (A§ 30-5-30) A quit claim deed in South Carolina is required to be authorized by a notary public and two (2) subscribing witnesses.
The purpose of a deed is to transfer a title, a legal document proving ownership of a property or asset, to another person. For the document to be binding in a court of law, it must be filed in the public record by a local government official tasked with maintaining documents.
Identify the donee or recipient. Discuss terms and conditions with that person. Complete a change of ownership form. Change the title on the deed. Hire a real estate attorney to prepare the deed. Notarize and file the deed.
What Should I Know About Quitclaim Deeds in South Carolina? You are buying the least amount of protection of any deed. A quitclaim deed conveys whatever interest the grantor currently has in the property if any. The grantor only remises, releases and quitclaims his or her interest in the property to the grantee.
