Warranty Deed for Husband and Wife to Three Individuals as Tenants in Common - New York 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the names of the Grantors (Husband and Wife) in the designated fields. Ensure that both names are clearly printed.
  3. Next, input the names of the Grantees (the three individuals) as tenants in common. Make sure to specify their marital status as required.
  4. Fill in the legal description of the property being transferred. This may require referencing an attached Exhibit A for accuracy.
  5. Complete any additional sections regarding taxes, indicating how they will be handled between Grantors and Grantees.
  6. Finally, have both Grantors sign and date the document, ensuring that all acknowledgments are completed correctly.

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In New York, there are three ways to hold property with a co-owner: tenancy by the entirety, joint tenancy, and tenants in common.
As with the tenancy-in-common, a joint tenancy can exist in three or more people. Obviously, each party must have an interest that is equal to one divided by the total number of joint tenants. If one of the joint tenants dies, the others share his or her interest and they remain joint tenants with each other.
Legally, yes, he can do so, unless theres a court order that prevents him (usually temporary orders during the pendancy of divorce, etc). Otherwise, a home is owned by both of you, and you BOTH have the right to allow others to move into the property, even without the others consent.
In New York, whenever more than one person buys or inherits property together, it is automatically held as tenants in common, unless they are husband and wife. If a tenant in common dies, the deceased persons interest passes to their heirs or to the person specified in the terms of the deceased persons will.
Tenants in common gives you more protections and you can specify in a deed of trust what you would want to happen in the event of relationship breakdown (eg if one of you has first dibs to buy the other out, or a time limit on doing so etc) which is definitely better to decide now whilst you still like each other!
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Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partners Last Will to go through a legal review processwhich can take months or even years.
In New York, if two or more people acquire property together, the law automatically presumes the property is held as tenants in common. If they wish to be joint tenants with rights of survivorship, the purchasers must expressly specify that fact in the deed and in all documents related to the transaction.

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