Warranty Deed to Separate Property of one Spouse to both as Joint Tenants or as Community Property with Right of Survivorship - Arkansas 2025

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In a joint tenancy arrangement, each owner has a right of survivorship with each of the other owners. This means that if one owner passes away, that owners property interest automatically passes equally to the surviving owners. When there is only one surviving owner left, they inherit full interest in the property.
Limitations of Warranty Deeds While warranty deeds offer some key benefits, there are also some limitations, such as: A special warranty deed only guarantees that the title is clear of any claims or encumbrances during the time that the grantor owned the property.
Joint Tenants in Arkansas In particular, joint tenancies with right of survivorship involve all parties having equal ownership, and the right to assume another owners interest in the event the other owner dies.
Two common types of survivorship deeds are the quitclaim deed with right of survivorship and the warranty deed with right of survivorship.
Cons. Disregarding a will or owners heirs: Owners cant will their ownership share to their heirs. When owners die, their share of the home immediately passes on to their co-owner or co-owners. If you want to pass your portion of a home to a child, youll need a different form of ownership.
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Yes. Generally, the right of survivorship will take precedence over a Last Will and Testament if the jointly-owned property is distributed wrongfully in someones estate plans. Therefore, you shouldnt list any property in your Will that you and another person(s) jointly own with the right of survivorship.
In Arkansas, warranty deeds and all other instruments of writing for the conveyance of real estate should be executed in the presence of two witnesses not involved in the transaction or acknowledged by the grantor in the presence of two such witnesses, who should then subscribe the deed.

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