Warranty Deed - One Individual to Two Individuals - Montana 2026

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  1. Click ‘Get Form’ to open the Warranty Deed in the editor.
  2. Begin by entering the Grantor's name in the designated field, ensuring it matches official records.
  3. Next, specify the Grantees' names. If there are two individuals, enter both names clearly.
  4. Indicate how the Grantees will hold the property by selecting either 'Tenants in Common' or 'Joint Tenants with Right of Survivorship'.
  5. Fill in the legal description of the property as outlined in Exhibit A. This is crucial for clarity and legality.
  6. Date the document and have the Grantor sign it. Ensure that all information is accurate before proceeding.
  7. Finally, complete any notary requirements as specified at the end of the form to validate your deed.

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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.
Joint tenancy with right of survivorship (JTWROS) This is often considered the best title vesting for most married couples, but it also applies to family members planning to own a property together.
Special Warranty Deed Risks: The limited protection may expose buyers to title issues that arose before the sellers ownership period. This can be risky, especially for older properties or those with a complicated title history.
If a co-owner has outstanding debts, their creditors could seize an interest in your home or bank account. Relationship Issues. Holding an asset jointly can complicate a divorce or other relationship problems. If you have a jointly held bank account, your co-owner could withdraw all of the money without your consent.
(1) A joint tenancy as to any interest in real property may be established by the owner of the interest by designating in the instrument of conveyance or transfer the names of the joint tenants, including the persons own, without the necessity of any transfer or conveyance to or through a third person.
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Joint tenancy warranty deed If they decide to rent out the home to another individual or if they sell the property, each party is entitled to a 50% share in the profits. But the relationship also means they are equally responsible for paying for the property, including mortgage payments, property taxes and maintenance.
Who Benefits the Most from Recording a Warranty Deed? The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.
The simplest way to add a spouse to a deed is through a quitclaim deed. This type of deed transfers whatever ownership rights you have so that you and your spouse now become joint owners. No title search or complex transaction is necessary. The deed will list you as the grantor and you and your spouse as grantees.

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