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Delaware Special Warranty Deed - Husband and Wife to Individual

Special Warranty Deed Delaware

Name: Delaware Special Warranty Deed - Husband and Wife to Individual
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.83 (394 reviews)

Category:

Delaware Real Estate - Deeds - Special Warranty

State:

Delaware

Control #:

DE-019-78

Format:

Instant download

Description Delaware Special Warranty Deed Form

This form is a Special Warranty Deed where the grantors are husband and wife and the grantee is an individual. Grantors convey and specially warrant the described property to the grantee. The conveyance is subject to grantors retained life estates. The grantors only warrant and will defend the property only as to claims of persons claiming by, through or under grantors, but not otherwise. This deed complies with all state statutory laws.

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FAQ

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.

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.

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

Both names can be on the title of the home without being on the mortgage. Generally, it's best to add a spouse or partner to the title of the home at the time of closing if you want to avoid extra steps and potential hassle.The person who signed the mortgage, however, is the one obligated to pay off the loan.

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.

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 special warranty deed to real estate offers protection to the buyer through the seller's guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.

Special Warranty Deed Delaware

Description Delaware Special Warranty Deed Form

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FAQ

How do I add my spouse to my warranty deed?

Does a special warranty deed transfer ownership?

Is a special warranty deed bad?

Does a warranty deed mean you own the property?

Does a warranty deed prove ownership?

Can one person sell a house with two names on the title?

How do you add someone to a warranty deed?

Can my wife sign the house over to me?

Why would you use a special warranty deed?

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