Wichita Kansas Warranty Deed from Two Trustees to Husband and Wife

State:
Kansas
City:
Wichita
Control #:
KS-021-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the Grantors are two Trustees, or Co-Trustees of a Trust and the Grantees are husband and wife. Grantors convey and warrant the described property to the Grantees. Grantees take the property as tenants in common or joint tenants with the right of survivorship. 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.

This article from an ABA Journal, explains the options provided by a Transfer on Death Deed. Kansas is one of only nine states that allows this option.

To change the names on a real estate deed, you will need to file a new deed with the Division of Land Records in the Circuit Court for the county where the property is located. The clerk will record the new deed.

The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.

A Kansas quitclaim deed form transfers whatever right the current owner holds?if any?with no warranty of title. The person signing the deed does not promise that the title is clear or that the signer owns a valid interest in the real estate.

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.

Kansas law says that a transfer of real or personal property to two or more persons shall create a tenancy in common, unless the language used in the transfer document makes it clear that a joint tenancy was created (K.S.A. 58-501).

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.)

One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.

A Kansas statutory warranty deed is used to transfer property with a warranty or guarantee from a seller to a buyer. The seller uses the warranty deed to guarantee that there are no other interests in the property being sold and that he or she has the legal authority to transfer the property.

More info

J. Michael Morris, Wichita, KS, for Intervener and Defendant. Q: Will a quitclaim deed release me from the mortgage obligation?Get free access to the complete judgment in BOTKIN v. Hare, landscape architects of Kansas City, Missouri. Wednesday, August 5, 1885 SAS, WEDNESDAY EVENING. NE NE. Elkhart Forest Service. NE NE. Elkhart Forest Service.

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Wichita Kansas Warranty Deed from Two Trustees to Husband and Wife