Columbus Ohio Limited Warranty Deed from Husband to Himself and Wife

State:
Ohio
City:
Columbus
Control #:
OH-016-79
Format:
Word; 
Rich Text
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Description

This form is a Limited Warranty Deed where the grantor is the husband and the grantees are the husband and his wife.


A Columbus Ohio Limited Warranty Deed from Husband to Himself and Wife is a legal document used to transfer ownership of real estate from the husband to himself and his wife. This type of deed ensures that the husband guarantees that he has clear title to the property and that he has not encumbered it in any way except as stated in the deed. The limited warranty deed is a specific type of deed that provides certain limited guarantees to the grantee (i.e., the husband and wife). It assures that the property has not been conveyed to anyone else and is not subject to any undisclosed liens, encumbrances, or defects except as explicitly mentioned in the deed. This type of deed does not provide as extensive warranties as a general warranty deed. The Columbus Ohio Limited Warranty Deed from Husband to Himself and Wife can have variations based on the specific circumstances or conditions of the property transfer. Some possible variations include: 1. Limited Warranty Deed with Trustee: This variation may be used when the husband acts as a trustee and transfers the property to himself and his wife, in their capacity as beneficiaries of a trust. In such cases, the deed may include additional clauses reflecting the trust relationship and the husband's role as a trustee. 2. Limited Warranty Deed with Exceptions: In certain cases, there may be known encumbrances or defects that the husband wishes to disclose explicitly. These may include mortgages, easements, or other restrictions on the property. The deed may specify these exceptions, clarifying that the husband is not responsible for any issues arising from these disclosed encumbrances. In any of these variations, it is crucial to consult with a qualified real estate attorney in Columbus, Ohio, to ensure the accurate preparation and recording of the limited warranty deed. Additionally, it is recommended to conduct a title search and obtain title insurance to verify the property's legal status and protect against any unforeseen claims or challenges.

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Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts or other valuable property together.

The Deed Transfer Department transfers the owner's name and address on the real estate tax list and duplicate. The department also collects the transfer tax/ conveyance fee ($4.00 per $1,000 of sale price) and the transfer fee ($. 50 per parcel).

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.

An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded. One exception is that a party to the transaction may prepare an instrument in which they are a party.

2 The tax is levied on the party named as grantor in the subject deed and must be paid before the deed is recorded. The real property transfer tax, also known as a conveyance fee, is limited to 4 mills, i.e., $4 per $1,000 of the value of the property sold or transferred.

A survivorship deed is a deed conveying title to real estate into the names of two or more persons as joint tenants with rights of survivorship. Upon the death of one owner, the property passes to and vests in the name of the surviving owner or owners.

(1) Unless otherwise provided in the instrument creating the survivorship tenancy, each of the survivorship tenants has an equal right to share in the use, occupancy, and profits, and each of the survivorship tenants is subject to a proportionate share of the costs related to the ownership and use of the real property

An Ohio limited warranty deed is a form that conveys property interests with a guarantee. However, unlike a warranty deed, the grantor is only guaranteeing that he or she did not encumber the property while he or she owned it.

The conveyance fee consists of two parts. A statewide mandatory tax of 1 mill ($1 per $1,000 dollars of the value of property sold or transferred) applies in all 88 of Ohio's coun ties. In addition, counties may also impose a permissive real property transfer tax of up to 3 additional mills.

How to Transfer a Deed in Ohio Go to the Deed Transfer Department to obtain a transfer form for a quit claim deed or warranty deed.Take the form, along with the person to whom the the property is being transferred, to a notary public.

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Columbus Ohio Limited Warranty Deed from Husband to Himself and Wife