Chicago Illinois Warranty Deed - Trust to Two Individuals / Husband and Wife

State:
Illinois
City:
Chicago
Control #:
IL-026-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the Grantor is a Trust and the Grantees are two individuals or husband and wife. Grantor conveys and warrants the described property to the Grantees. The Grantees take the property as tenants in common or joint tenants with the right of survivorship. This deed complies with all state statutory laws.

The Chicago Illinois Warranty Deed — Trust to Two Individuals / Husband and Wife is a legal document that transfers ownership of a property from a trust to a married couple. This type of deed ensures that the property is transferred with a guarantee or warranty of clear and marketable title, meaning that the seller, in this case, the trust, guarantees that there are no existing liens, encumbrances, or claims on the property. The trust refers to a legal entity that holds the property on behalf of the beneficiaries. In this case, the trust is transferring ownership to both individuals who are married to each other. By transferring the property to a trust, it allows for efficient estate planning and asset protection. The Chicago Illinois Warranty Deed — Trust to Two Individuals / Husband and Wife can come in different variations, including: 1. Joint Tenancy Warranty Deed: This type of deed grants equal ownership shares to both individuals. Upon the death of one spouse, the ownership automatically transfers to the surviving spouse. 2. Tenancy by the Entirety Warranty Deed: This particular deed is available exclusively to married couples and provides additional protection against creditors. It ensures that both spouses have equal rights to the property, and if one spouse passes away, the ownership automatically transfers to the surviving spouse. 3. Tenants in Common Warranty Deed: This type of deed allows for unequal ownership shares between the two individuals. Each individual holds a specified percentage of ownership, which can be allocated according to their respective contributions or preferences. In the event of death, the deceased person's share can be passed on to their chosen beneficiaries. It is important to note that the specific terms and conditions of the Chicago Illinois Warranty Deed — Trust to Two Individuals / Husband and Wife can vary depending on the preferences and requirements of the parties involved. It is always advised to consult with an attorney to ensure that the deed is properly drafted and executed, taking into account the relevant laws and regulations in Chicago, Illinois.

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FAQ

You will need to have the quitclaim deed notarized with the signatures of you and your spouse. Once this is done, the quitclaim deed replaces your former deed and the property officially is in both of your names. You must record the deed at your county office.

Under California Community Property Law, the short answer is likely YES, even if your spouse was never added to title. This may seem surprising to you, but this result is based on the general premise of California Community Property Law that anything earned by either party during marriage is 100% community property.

Is a house owned before marriage marital property in Illinois? Because property acquired before the marriage is non-marital property, a house owned before the marriage may not be marital property. However, if a non-marital asset is commingled, it will become marital property.

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.

How Do Homeowners Add Spouses to Property Deeds? One of the most common ways property owners add spouses to real estate titles is by using quitclaim deeds. Once completed and filed, quitclaim deed forms effectually transfer a share of ownership from the owners, or grantors, to their spouses, or the grantees.

Illinois recognizes homestead, meaning that the non-owner spouse is required to sign the deed selling, conveying, or encumbering any property considered a homestead. This is a form of ownership specifically created for spouses.

We recommend you consult with an experienced real estate lawyer for professional advice as each circumstance is unique. (Please note, the fee for our office to add someone to your deed is $650.00, plus recording costs and documentary stamps ? recordings costs are normally less than $50.00.)

As a homeowner, you have the ability to execute a quitclaim deed to change ownership, and you don't need to refinance the mortgage loan to file a quitclaim deed. Filing a quitclaim deed will change only the property's ownership and title, not anything regarding the loan.

Tenant by the Entirety in Illinois This is a form of ownership specifically created for spouses. In Illinois, spouses have the option of owning property by the entirety, which functions like a joint tenancy in that the surviving spouse will immediately take ownership of the property on the death of the other spouse.

If the wife's name is not on the deed, it doesn't matter. It's still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.

More info

Illinois deed forms include quitclaim deed, special warranty deed, warranty deed, life estate deed, and TOD deed. Get a customized Illinois deed in minutes.There are two types of warranty deeds: general and special. The operational words indicating a general warranty deed is that the grantor "conveys and warrants" to the grantee. In the title to real property. Example: John Doe, a married man. You can usually fill out a new deed yourself. A deed that transfers title to real estate from a grantor to a grantee. All pertinent documents contain the new 2015 Notary Requirement. Prepare the New Deed.

Use this checklist and the Illinois deed forms instructions to prepare a new deed that is compliant with the Notary (TOD) requirements of Illinois. This is a much more cost-effective way to add a notary act to a property than to purchase the deeds. Forms in PDF Format: Illinois Deeds Notaries Forms in Adobe Acrobat Format: Illinois Deeds Notaries Forms in PDF Format: Notary Documents for Illinois Deeds Forms in Adobe Acrobat Format: Notary Documents for Illinois Deeds The form is now available online here: Forms in PDF Format: Notary Requirement and Illinois Deeds Form Forms in Adobe Acrobat Format: Notary Requirement and Illinois Deeds Form Notary documents (, affidavits) must be completed before the actual transfer of title to the real estate. To find out what it takes to add title to a real estate in Illinois, read on to our Illinois Residential Title Transfer guide.

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Chicago Illinois Warranty Deed - Trust to Two Individuals / Husband and Wife