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Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants - South Dakota

Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants - South Dakota 2026

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The document is a Warranty Deed form prepared by U.S. Legal Forms, Inc. for the State of South Dakota, specifically designed for transferring property from one spouse to both spouses as joint tenants with right of survivorship. It includes instructions on completing the form, filing requirements, and legal disclaimers regarding its use. The deed outlines the necessary information for the transfer of property and emphasizes the importance of following specific legal procedures.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the Grantor's name in the designated field, ensuring accuracy as this identifies the individual transferring the property.
Next, fill in the Grantee's name, which should include both spouses. This section confirms that both will hold the property as joint tenants.
In the legal description section, attach Exhibit A that details the property being conveyed. Ensure this is accurate and complete.
Complete the acknowledgment section by entering the date and signing where indicated. This step is crucial for validating the deed.
Finally, review all entries for accuracy before saving your document. Utilize our platform’s features to ensure everything is correctly filled out.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do joint tenants receive separate deeds?

Joint tenants must receive their interest in the property from the same source, such as a deed or title. Equal interest. Joint tenants must possess an equal share of the property.

Why is it wise to avoid joint ownership?

If your co-owner is married, there is a risk of the property being subject to divorce proceedings. With something like a bank account, there is the risk that the co-owner could go on a spending spree and drain the account. In some situations, creating a joint ownership can also create gift tax or income tax problems.

What is the disadvantage of joint tenancy ownership?

South Dakota is one of 40 equitable distribution states. In these states, courts divide marital property fairly rather than equally in a divorce case. All property acquired during the marriage is marital property, no matter whose name is on the title.

What is the disadvantage of joint tenancy?

Downsides of Joint Tenancy If a couple or business partners disagree, neither party can sell or encumber the asset without the consent of all parties. This restriction is intended to prevent abuses. However, the need to get agreement from all parties can make it difficult to take necessary actions.

What is a warranty deed for joint tenants?

General Warranty Deed (with Survivorship Rights) Couples who hold title to property as unmarried, but wish to have Survivorship Rights. Each party has a full ownership interest in the property. The property will pass instantly to the survivor upon the death of the other without probate.

Is joint tenants the same as joint ownership?

Cohabitants who are joint owners are referred to in legal terms as joint tenants at law (the use in this context of the word tenant has nothing to do with rented property). This means that they are each entitled to possession of the whole of the land and the right to occupy it.

How do you split jointly owned property?

A co-owner buys the share (Transfer of Equity) The most straightforward method is often for one or more of the existing co-owners to buy out your share of the house. This process involves a Transfer of Equity, where the legal and/or beneficial ownership is formally transferred to the remaining owner(s).

Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants - South Dakota 2026

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