Warranty Deed from Husband to Himself and Wife - Virginia 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the Grantor's name in the designated field, ensuring it reflects 'Husband' accurately.
  3. Next, input the Grantees' names, which should include both 'Husband' and 'Wife', as joint tenants with rights of survivorship.
  4. In the property description section, provide a detailed description of the property being conveyed. If necessary, attach additional documentation.
  5. Complete any required fields regarding prior instrument references and tax map information as applicable.
  6. Finally, ensure that all signatures are added where indicated, including notarization for legal validation.

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Virginia is an equitable distribution state, not a community property or 50/50 state. The split in a Virginia divorce does not have to be 50/50. Instead, the court will decide what is a fair division of property.
The difference between a Quit Claim Deed and an Interspousal Transfer Grant Deed is liability. The spouse who selects to give up their interest in the property can be held liable for taxes, liens and other debts associated with the property in a Quit Claim Deed but not in an Interspousal Transfer Grant Deed.
A Virginia general warranty deed is a form that authorizes the conveyance of a property from a seller (the grantor) to a buyer (the grantee). The term warrant offers the guarantee to the grantee that the property does not bear any title defects such as any liens or encumbrances.
If you purchased your house during the marriage, the court categorizes it as marital property. However, if you purchased the home using entirely separate property funds, and your spouses name does not appear on the title, the court may award it to you as your separate property.
In Virginia, a spouse not listed on the deed may still have rights to the home through marital property laws. The home acquired during marriage is often considered marital property, subject to equitable distribution upon divorce. Ownership on the deed does not solely determine property rights.

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Disadvantages of Warranty Deeds Title companies will research the chain of deeds, past court judgments, and unpaid taxes before green-lighting the transfer. The grantor also remains on the hook long after the sale. If a forgotten lien surfaces, the buyer can pull the grantor into court for damages and legal fees.
In community property states, such as California, if you acquired your home while you are married, the value of your home is equally shared between you and your spouse, whether your name is on the deed or not. This is the default situation and prevents one spouse from losing the home in the event of a divorce.

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