Warranty Deed from Husband and Wife to a Trust - North Dakota 2025

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In California, many married couples create revocable living trusts to hold title to their homes and avoid probate. Its common for both spouses to be named co-trustees of the trust. Under California Probate Code 16013, unless the trust specifically states otherwise, co-trustees must act unanimously.
A warranty deed ensures a buyer that the property is owned by the seller and can be sold without any encumbrances. A deed of trust is used in certain states and represents a buyers guarantee with their lender to repay the property loan as scheduled.
In North Dakota, a warranty deed is a legal document used to transfer property ownership with the seller providing a guarantee that the title is clear of any liens, claims, encumbrances, or other issues.
If a cohabiting couple with a Declaration of Trust gets married, the deed will be superseded by the Matrimonial Causes Act 1973. Among other things, this act dictates how a court can act in settling a divorce, including what powers the court has to determine how property owned by the married couple is managed.
A declaration of trust is a simple form of trust deed, which records the actual beneficial ownership of a property, even if the legal title is held by one or both partners. A declaration of trust must be in writing, signed by all owners, and must reflect the actual intention of the parties.
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A Deed of Trust is an agreement between a borrower, a lender and a third-party person whos appointed as a Trustee. Its used to secure real estate transactions where money needs to be borrowed in order for property to be purchased.

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