Warranty Deed from Husband and Wife to a Trust - New Hampshire 2025

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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.
If a cohabiting couple with a Declaration of Trust gets married, the deed will be superseded by the Matrimonial Causes Act 1973.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.
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.
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.
The main difference between them lies in who they protect. A warranty deed involves a buyer and a seller and protects the buyer from future claims that someone else actually owns a portion (or all) of their property. A deed of trust protects lenders when borrowers default on their mortgage loan agreement.
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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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