Fill and Sign the Control Number Ky Sdeed 1 Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF KENTUCKY WARRANTY DEED [Husband and Wife – Tenancy in Common to Joint Tenancy ] Control Number – KY - SDEED - 1 NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete wi th a typewriter or by hand. If you do not see the gray shaded form fields, go the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a shaded letter “a”. Click i n this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. 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DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. ba sed upon statutes and forms for the State of Kentucky . All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U .S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTES ON FILING THIS DEED 1. Statement of Consideration: KRS 382.135 provides that a statement of consideration be on virtually all deeds. The statement shall be sworn and notariz ed by both parties as to the true consideration in the deed. Exemptions are listed in KRS 382.135. The dollar amount on the consideration statement and the dollar amount stated in the deed must be the same amount. Deeds of nominal or no consideration and d eeds of gift require the statement stating the fair market value of the property, OAG 96 -21. 2. KRS 382.135 Statement of consideration or market value required in deed to real property -- Exceptions. (1) In addition to any other requirement imposed by law, a deed to real property shall contain the following: (a) The mailing addresses of the grantor and grantee; (b) A statement of the full consideration; and (c) In the case of a transfer other than by gift, or with nominal or no consideration a sworn, notar ized certificate signed by the grantor or his agent and the grantee or his agent, or the parent or guardian of a person under eighteen (18) years old, that the consideration reflected in the deed is the full consideration paid for the property; or (d) In t he case of a transfer either by gift or with nominal or no consideration, a sworn, notarized certificate signed by the grantor or his agent and the grantee or his agent, or the parent or guardian of a person under eighteen (18) years old, stating that the transfer is by gift and setting forth the estimated fair cash value of the property. (2) The deed filing requirements listed in subsection (1)(b) and (c) of this section shall not apply to: (a) Deeds which only convey utility easements; (b) Deeds which tr ansfer property through a court action pursuant to a divorce proceeding; (c) Deeds which convey rights -of-way that involve governmental agencies; (d) Deeds which convey cemetery lots; and (e) Deeds which correct errors in previous deeds conveying the same property from the same grantor to the same grantee. (3) In the case of an exchange of properties, the fair cash value of the property being exchanged shall be stated in the body of the deed. (4) In the event of a transfer of property by will or under the laws of intestate succession, the personal representative of the estate, prior to closing out the estate, shall file an affidavit with the county clerk of each county in which any of the prop erty is located, which shall contain the following: (a) The names and addresses of the persons receiving each property passing by will or intestate succession; and (b) The full or fair market value of each property as estimated or established for any purpo se in the handling of the estate, or a statement that no such values were estimated or established. (5) No county clerk or deputy clerk shall lodge for record, and no county clerk or deputy shall receive and permit to be lodged for record, any deed that d oes not comply with the provisions of this section. 2. KRS 142.050 “Deed Transfer Tax”: This statute requires the collection by the County Clerk of a tax on eac h deed, regardless of where made, executed or delivered, by which any real property or interest therein is conveyed vested, granted bargained, sold, transferred or assigned. The tax is imposed upon the value of the full consideration listed in the deed tha t is said to paid, including the amount of any lien or liens thereon. This tax is imposed upon the grantor listed in the deed, per KRS 142.050 (2). The tax is calculated at the rate of .50 per $500 of valuation or any fraction thereof. The exemptions are l isted in KRS 142.050, section 7. This section does not apply to any deeds executed prior to March 28, 1968, even if they are presented for recording after that date, OAG 68 -414. Transfer to any of the governmental units listed in KRS 142.050 (7)(B) are exe mpt only in the case of gifts or nominal consideration, OAG 93 -73. In the event of a deed in which the property lies in two counties, the tax should be paid on the entire value of the land in the first county of filing. (OAG68 -168). The county with the gre ater amount of land should be the first county of filing OAG 84 -48. When presenting the deed for filing in the other county, evidence should be on the deed, or attached to it, showing the tax was collected in the other county. 3. 142.050 Real estate trans fer tax -- Collection on recording -- Exemptions. (1) As used in this section, unless the context otherwise requires: (a) "Deed" means any document, instrument, or writing other than a will and other than a lease or easement, regardless of where made, exe cuted, or delivered, by which any real property in Kentucky, or any interest therein, is conveyed, vested, granted, bargained, sold, transferred, or assigned. (b) "Value" means: 1. In the case of any deed not a gift, the amount of the full actual considera tion therefor, paid or to be paid, including the amount of any lien or liens thereon; and 2. In the case of a gift, or any deed with nominal consideration or without stated consideration, the estimated price the property would bring in an open market and under the then prevailing market conditions in a sale between a willing seller and a willing buyer, both conversant with the property and with prevailing general price levels. (2) A tax upon the grantor named in the deed shall be imposed at the rate of fifty cents ($0.50) for each $500 of value or fraction thereof, which value is declared in the deed upon the privilege of transferring title to real property. (3) (a) If any deed evidencing a transfer of title subject to the tax herein imposed is offered for recordation, the county clerk shall ascertain and compute the amount of the tax due thereon and shall collect the amount as prerequisite to acceptance of the deed for recordati on. (b) The amount of tax shall be computed on the basis of the value of the transferred property as set forth in the deed. (c) The tax required to be levied by this section shall be collected only once on each transaction and in the county in which the d eed is required to be recorded by KRS 382.110(1). (4) The county clerk shall collect the amount due and certify the date of payment and the amount of collection on the deed. The county clerk shall retain five percent (5%) as his fee for collection and rem it the balance every three (3) months to the county treasurer, who shall deposit the money in the county general fund. (5) The Revenue Cabinet may prescribe regulations necessary to carry out the purposes of this section. (6) Any county clerk who willfu lly shall record any deed upon which a tax is imposed by this section without collecting the proper amount of tax and certifying the date and amount of collection on the deed as required by this section based on the declared value indicated in the affidavi t appended to the deed shall, upon conviction, be fined $50 for each offense. (7) The tax imposed by this section shall not apply to a transfer of title: (a) Recorded prior to March 27, 1968; (b) To, in the event of a deed of gift or deed with nominal co nsideration, or from the United States of America, this state, any city or county within this state, or any instrumentality, agency, or subdivision hereof; (c) Solely in order to provide or release security for a debt or obligation; (d) Which confirms or c orrects a deed previously recorded; (e) Between husband and wife, or between former spouses as part of a divorce proceeding; (f) On sale for delinquent taxes or assessments; (g) On partition; (h) Pursuant to: 1. Merger or consolidation between and among corporations, partnerships, including registered limited liability partnerships, limited partnerships, or limited liability companies; or 2. The conversion of a general partnership, including a registered limited l iability partnership, or a limited partnership into a limited liability company; (i) Between a subsidiary corporation and its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of eithe r corporation's stock; (j) Under a foreclosure proceeding; (k) Between a person and a corporation, general partnership, limited partnership, registered limited liability partnership, or limited liability company in an amount equal to the portion of the va lue of the real property transferred that represents the proportionate interest of the transferor of the property in the entity to which the property was transferred, if the transfer was for nominal consideration; (l) Between parent and child or grandparen t and grandchild, with only nominal consideration therefor; (m) By a corporation, general partnership, limited partnership, registered limited liability partnership, or limited liability company to a person as owner or shareholder of the entity, upon disso lution of the entity, in an amount equal to the portion of the value of the real property transferred that represents the proportionate interest of the person to whom the property was transferred, if the transfer was for nominal consideration; (n) Between a trustee and a successor trustee; and (o) Between a limited liability company and any of its members. (8) The tax imposed by subsection (2) of this section shall not apply to transfers to a trustee, to be held in trust, or from a trustee to a benefic iary of the trust if: (a) The grantor is the sole beneficiary of the trust; (b) The grantor is a beneficiary of the trust and a direct transfer from the grantor of the trust to all other individual beneficiaries of the trust would have qualified for an ex emption from the tax pursuant to one (1) of the provisions of subsection (7) of this section; or (c) A direct transfer from the grantor of the trust to all other individual beneficiaries of the trust would have qualified for an exemption from the tax pursu ant to one (1) of the provisions of subsection (7) of this section. Warranty Deed Page 1 of 4 Prepared By and After Recording Return to: Send Tax Statements to Grantee (Name and Address): -------- Above This Line Reserved For Official Use Only -------- WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS THAT: FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, ______________________________ and ______________________________ , Husband and Wife, hereinafter referred to as “Grantor”, does hereby grant, bargain and convey unto ____________________________ and ____________________________ , Husband and Wife, as joint tenants with rights of su rvivorship, hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of ______________________ , State of Kentucky , to -wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: Prior instrument reference: Book ______ , Page ______ , Document No. ______ , of the Recorder of ______________________ County, Kentucky . SUBJECT to all easements, rights -of-way, protective covenants and mineral reservations of record, if any. Warranty Deed Page 2 of 4 TO HAVE AND TO HOLD same unto Grantees, and unto Grantees’ heirs and assigns forever, with all appu rtenances thereunto belonging. The property herein conveyed is not a part of the homestead of Grantor, or is part of the homestead of Grantor and if Grantor is married, the conveyance is joined by both Husband and Wife. GRANTOR does for Grantor and Grantor’s heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEES that Gra ntor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; and the said Grantor will warrant and defend the right and title to the above described property unto the said Grantees against the claims of all persons whomsoever. TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conve yance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the surviving Grantee, and if o ne does not survive the other, then the heirs and assigns of the Grantees herein shall take as tenants in common. WITNESS Grantor(s) hand(s) this the ____ day of ________________ , 20 ____ . (1st Grantor’s Signature) (2nd Grantor’s Signature) Type or Print Name Type or Print Name State of Kentucky County of __________________ The foregoing instrument was acknowledged before me this __________________ (date), by ______________________________ (name of person acknowledged). My commission expires: Notary Public Serial Number, if any: Type or Print Name Warranty Deed Page 3 of 4 State of Kentucky County of __________________ The foregoing instrument was acknowledged before me this __________________ (date), by __________ ____________________ (name of person acknowledged). My commission expires: Notary Public Serial Number, if any: Type or Print Name CERTIFICATE OF VALUE GRANTOR AND GRANTEE, being duly sworn, do certify that the transfer effected in this deed is a gift or a bona fide sale and that the estimated fair cash value of the property described is ______________________ Dollars ($ ______________________ ). The Grantee joins in this deed for the sole purpose of certifying the consideration pursuant to KRS 382.135. Subscribed and sworn to before me This ______ day of __________________ , 20 ______ Grantor/Affiant Type or Print Name My commission expires: Notary Public Serial Number, if any: Type or Print Name Warranty Deed Page 4 of 4 Grantee/Affiant Type or Print Name Grantee/Affiant Type or Print Name My commission expires: Notary Public Serial Number, if any: Type or Print Name Grantor(s) Name, Address, phone: Grantee(s) Name, Address, phone: SEND TAX STATEMENTS TO GRANTEE Warranty Deed Exhibit A EXHIBIT A