General Warranty Deed from Husband and Wife to a Trust - Ohio 2025

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To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
How does marriage affect ownership of property? In Ohio, the act of getting married does not give either party an ownership interest in assets that were owned by the other spouse before the marriage. Assets acquired after the marriage may be owned jointly by the couple or held as the separate property of either spouse.
A warranty deed ensures a buyer that the property is owned by the seller and can be sold without any encumbrances. A deed of trust is used in certain states and represents a buyers guarantee with their lender to repay the property loan as scheduled.
When buying a house as a married couple, its generally advisable for both names to be on the deed. Here are some key reasons why: Ownership Rights: Having both names on the deed establishes legal ownership for both partners. This can prevent disputes in the event of a separation or divorce.
For instance, if youre married, the most common way to title your home is Tenancy by the Entirety (TBE).
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Joint tenancy, with joint right of survivorship. This is where all parties (which can be a married couple, or a larger group) have equal ownership. In the case of a married couple, the property is passed automatically to the joint living owner upon the death of the other partner.
Irrevocable Trusts: Best suited for long-term asset protection, estate tax benefits, and tailored distribution of assets. Quit Claim Deeds: Generally used in specific circumstances like family transfers or divorce settlements and come without any title warranties.
In a transaction with title insurance, we recommend the use of a Joint Survivorship Deed for married couples. If youre buying a house, you can request that the title company give you a survivorship deed instead of a standard warranty deed.

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