Define Fillable Fields In Legal Kentucky Real Estate Forms For Free

In Kentucky, specific language must be used in a title document (such as a deed) to indicate a joint tenancy with a right of survivorship. If such a tenancy is created, the surviving owner automatically takes the whole when his joint owner dies.

(1) All deeds, mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk's office of the county in which the property conveyed, or the greater part thereof, is located.

Law shall not prevent a person (not holding himself out as a practicing attorney) from writing a deed, mortgage, or will.

Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.

Kentucky Homestead Rules Many states require a non-owner spouse to sign a deed that transfers a homestead solely owned by the other spouse. Kentucky does not specifically have that requirement, but Kentucky's dower law usually necessitates a non-owner spouse's signature on a homestead deed to release dower rights.

While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.