This form is a Warranty Deed where the grantors are husband and wife converting their tenancy in common holding to a joint tenancy.
A Riverside California Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy is a legal document that facilitates the transfer of ownership rights and interests of a property from tenants in common to joint tenancy for a married couple. This conversion often occurs to take advantage of the right of survivorship, whereupon the death of one spouse, the property automatically transfers to the surviving spouse. In Riverside, California, there are generally two types of warranty deeds commonly used for this type of conversion: General Warranty Deed and Special Warranty Deed. 1. General Warranty Deed: This is the most commonly used deed in Riverside, California. It provides the highest level of protection to the buyers (spouses) as it warrants that the property is free from any claims or defects, both those arising before and during the granter's (current owner's) ownership. The general warranty deed assures that the property has a clear title, and the granter will defend the title against any claims by third parties. 2. Special Warranty Deed: This type of warranty deed also provides some level of protection to the buyers, but it only warrants that the granter has not caused any defects or claims on the property during their ownership. Unlike the general warranty deed, the special warranty deed does not warrant against defects or claims that may have existed before the granter owned the property. Converting the property from tenants in common to joint tenancy using either type of warranty deed requires the following steps: 1. Drafting or obtaining the appropriate warranty deed form: A Riverside California Warranty Deed for Husband and Wife Converting Property from Tenants in Common to Joint Tenancy can be obtained from legal document services or an attorney specializing in real estate law. 2. Filling out the form with accurate information: The form will require the names of both spouses, the legal description of the property, and the choice of warranty depending on the level of protection desired (general warranty or special warranty). 3. Notarization: The warranty deed must be signed and notarized by both spouses in the presence of a notary public. This step ensures the authenticity of the document. 4. Recording: The final step involves recording the warranty deed with the County Recorder's Office in Riverside County. Pay the necessary recording fees and submit the document for filing. Once recorded, it becomes part of the public record and provides evidence of the transfer. By converting the property from tenants in common to joint tenancy, spouses can streamline ownership and avoid the need for probate upon the death of one spouse. It is important to consult with a qualified real estate attorney or professional before proceeding with any legal documents to ensure accuracy and compliance with local laws and regulations.
