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South Carolina Warranty Deed from Individual to Husband and Wife

State:
South Carolina
Control #:
SC-01-78
Format:
Word; 
Rich Text
Instant download

Description Deed Individual Husband Wife

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

In California, all property bought during the marriage with income that was earned during the marriage is deemed "community property." The law implies that both spouses own this property equally, regardless of which name is on the title deed.

A In order to make your partner a joint owner you will need to add his name at the Land Registry, for which there is a fee of £280 (assuming you transfer half the house to him). You won't, however, have to pay capital gains tax, as gifts between civil partners (and spouses) are tax free.

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.

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.

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.

A personal representative deed and warranty deed are the same only in that they both convey ownership of land. The types of title assurance that the different deeds provide to the new owner are very different.

Used to transfer property rights from a deceased person's estate. Involves Probate Court. Like a Quit Claim deed, there are no warranties. Generally, the Personal Representative is unwilling to warrant or promise anything relating to property that he/she has never personally owned.

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.

If you live in a common-law state, you can keep your spouse's name off the title the document that says who owns the property.You can put your spouse on the title without putting them on the mortgage; this would mean that they share ownership of the home but aren't legally responsible for making mortgage payments.

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South Carolina Warranty Deed from Individual to Husband and Wife