Warranty Deed from Individual to Husband and Wife as Joint Tenants - New York 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the Grantor's name, indicating whether they are married or unmarried. This is crucial for establishing the legal identity of the individual transferring the property.
  3. Next, fill in the names of the Grantees (Husband and Wife) who will hold the property as joint tenants. Ensure that both names are accurately entered to avoid any legal complications.
  4. Provide a detailed legal description of the property being transferred. This may be attached as Exhibit A, so ensure it is correctly referenced.
  5. Indicate how taxes for the property will be handled by selecting one of the options provided regarding tax payments.
  6. Finally, have both Grantor(s) sign and date the document, ensuring that all acknowledgments are completed as required by New York law.

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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. Conveyance by one party without the other breaks the joint tenancy. Seller warrants that he/she has good title and will warrant and defend title.
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.
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.
(b) A disposition of real property to a husband and wife creates in them a tenancy by the entirety, unless expressly declared to be a joint tenancy or a tenancy in common.
Perhaps the most important difference between the two types of joint ownership is what happens if one of the owners dies. In a joint tenancy this would mean that the share of the deceased automatically passes to the surviving joint tenant.

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The Warranty Deed plays a crucial role in real estate transactions. It signifies the legal transfer of property ownership from the seller to the buyer. Unlike other types of deeds, it guarantees that the property title is clear, which means its free from any legal claims or encumbrances, ensuring a smooth transaction.

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