Fill and Sign the Control Number Nh 017 78 Form

6© 2016 - U.S. Legal Forms, Inc.         NEW HAMPSHIRE WARRANTY DEED [Husband and Wife to Husband and Wife] Control Number: NH-017-78 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to 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 this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. Exemptions to Tax on Transfer of Real Property Section 78-B:2, in pertinent part, provides the exceptions to the Tax on Transfers of Real Property as follows: The tax imposed by this chapter shall not apply: I. To a transfer of title to the state, a state agency, a county, a city, a town, a school district, or a village district. II. To the United States, or any agency or instrumentality thereof. III. To a mortgage or other instrument given to secure payment of a debt or obligation. IV. To a discharge of mortgage or other instrument solely to release security for a debt or obligation. V. To a deed or other instrument which corrects a deed or other instrument previously given. VI. To a deed given by a collector of taxes for property purchased at a tax sale. VII. To a transfer of title from one organization exempt from federal taxation under section 501 of the United States Internal Revenue Code of 1986, as amended, to another organization which is also exempt from federal taxation under section 501, when both the transfer organization and the transferee organization are created by or result from the corporate reorganization of a licensed, general, or specialty hospital. VIII. To a transfer of title to the Trust for New Hampshire Lands when the Trust for New Hampshire Lands acquires the real estate for the purpose of transferring title to the real estate so acquired to the land conservation investment program, RSA 221-A, prior to June 30, 1993. The exception provided in this paragraph shall only apply to the Trust for New Hampshire Lands. The seller, grantor, assignor, or transferor of any real estate to the Trust shall still be liable for payment of the tax imposed by RSA 78-B:1. IX. To non-contractual transfers. X. To transfers of cemetery plots. XI. To transfers that occur by devise or by the laws regulating intestate succession and descent or by the death of any cotenant in real estate held by joint tenancy. XII. To the beneficiary of a partnership interest where the partnership dissolves by operation of law due to the death of a partner. XIII. To a transfer of title between spouses pursuant to a final decree of divorce or nullity. III. ADDITIONAL DOCUMENTS TO BE FILED WITH THIS FORM: 1. Declaration of Consideration (Not required if exemption stated on deed) A Real estate Transfer Tax Declaration of Consideration must be filed with the New Hampshire Department of Revenue. This form may be accessed at the following website address: http://www.nh.gov/revenue/forms/rettforms.htm 2. An ORIGINAL Form PA-34, Real Estate Transfer Questionnaire must be filed with the Department of Revenue within 30 days from the recording of the deed. Due to the scanning procedure and document processing system of the PA-34, only an ORIGINAL Form PA-34 is acceptable. Therefore, downloadable or photocopied PA-34s, even those that bear original signatures, will not be accepted. You will need to contact the Revenue Department directly at 603-271-2687 to obtain an ORIGINAL Form PA-34. A copy of the PA-34 must also be filed with the local assessing officials of the municipality where the property is located. To learn more about exceptions to the real property transfer tax in New Hampshire, please see: http://www.gencourt.state.nh.us/rsa/html/V/78-B/78-B- 2.htm IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for State of New Hampshire. 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. 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Warranty DeedPage 1 of 3 Please Return To: NO TRANSFER TAX DUE PURSUANT TO NHRSA 78-B:2 WARRANTY DEED (Husband and Wife to Husband and Wife) 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 “Grantors”, do hereby grant, with warranty covenants, unto ______________________________ and ______________________________ , Husband and Wife, as joint tenants with rights of survivorship, hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of ______________________, State of New Hampshire, to-wit: Being a certain lot or parcel of land located in the Town or City of _________________, _________________ County, New Hampshire and being further described as: 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, New Hampshire. LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantors, if any, which are reserved by Grantors. Warranty DeedPage 2 of 3 SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. TO HAVE AND TO HOLD same unto Grantees, and unto Grantees’ heirs and assigns forever, with all appurtenances thereunto belonging. GRANTORS do for Grantors and Grantors’ heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEES that Grantors are lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above ; that Grantors have a good right to sell and convey the same as aforesaid; and to forever warrant and de fend the title to the said lands against all claims whatever. 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 conveyance, 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 one 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) (2 nd Grantor’s Signature) Type or Print Name Type or Print Name State of New Hampshire, County of __________________ Personally appeared ________________________ known to me, or satisfactorily proven, to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained, Before me, Notary Public/Justice of Peace My Commission Expires: Warranty DeedPage 3 of 3 State of New Hampshire, County of __________________ Personally appeared ________________________ known to me, or satisfactorily proven, to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained, Before me, Notary Public/Justice of Peace My Commission Expires: Warranty DeedExhibit A EXHIBIT A