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Delaware Warranty Deed from Individual to Husband and Wife

State:
Delaware
Control #:
DE-01-78
Format:
Word; 
Rich Text
Instant download

Description

This Warranty Deed from Individual to Husband and Wife form is a Warranty Deed where the Grantor is an individual and the Grantees are husband and wife. Grantor conveys and warrants the described property to Grantees 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 applicable state statutory laws.

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FAQ

The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). With a quitclaim deed, you can name your spouse as the property's joint owner. The quitclaim deed must include the property's description, including its boundary lines.

You may be able to transfer your interest in the property through a quitclaim deed, where you relinquish all ownership of the property to someone else. Your lender may also agree to add another name to the mortgage. In this case, someone else would be able to legally make payments on the mortgage.

When it comes to reasons why you shouldn't add your new spouse to the Deed, the answer is simple divorce and equitable distribution. If you choose not to put your spouse on the Deed and the two of you divorce, the entire value of the home is not subject to equitable distribution.

Two of the most common ways to transfer property in a divorce are through an interspousal transfer deed or quitclaim deed. When spouses own property together, but then one spouse executes an interspousal transfer or a quitclaim deed, this is known as transmutation.

Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. When you are buying property, you also need to choose how you are going to hold title. Co-buyers can take title as joint tenants with right of survivorship or tenants in common.

You can gift property to spouse, child or any relative and register the same. Under section 122 of the Transfer of Property Act, 1882, you can transfer immovable property through a gift deed. The deed should contain your details as well as those of the recipient.

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.

In states like California and Florida, the spouses may use a quitclaim deed to transfer the property without warranting title. Other stateslike Texasrecognize a similar type of deed called a deed without warranty.

Yes you can. This is called a transfer of equity but you will need the permission of your lender. If you are not married or in a civil partnership you may wish to consider creating a deed of trust and a living together agreement which we can explain to you.

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Delaware Warranty Deed from Individual to Husband and Wife