Fill and Sign the Delaware Special Warranty Deed Form

© 2016 - U.S. Legal Forms, Inc.       DELAWARE SPECIAL WARRANTY DEED [Husband and Wife to Individual with Reserved Life Estates] Control Number: DE-019-78 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. Real Estate Transfer Forms The Delaware Code § 5401 provides: As used in this subchapter, except where the context clearly indicates a different meaning: (1) "Document" means any deed, instrument or writing whereby any real estate within this State, or any interest therein, shall be quitclaimed, granted, bargained, sold or otherwise conveyed to the grantee, but shall not include the following: a. Any will; b. Any lease other than those described or defined in subdivision (4) below; c. Any mortgage; d. Any conveyance between corporations operating housing projects pursuant to Chapter 45 of Title 31 and the shareholders thereof; e. Any conveyance between nonprofit industrial development agencies and industrial corporations purchasing from them; f. Any conveyance to nonprofit industrial development agencies; g. Any conveyance between husband and wife; h. Any conveyance between persons who were previously husband and wife, but who have since been divorced; provided such conveyance is made after the granting of the final decree in divorce and the real estate or interest therein subject to such conveyance was acquired by the husband and wife, or husband or wife, prior to the granting of the final decree in divorce; i. Any conveyance between parent and child or the spouse of such a child; j. Any conveyance (a) to a trustee, nominee or straw party for the grantor as beneficial owner, (b) for the beneficial ownership of a person other than the grantor where, if such person were the grantee, no tax would be imposed upon the conveyance pursuant to this chapter, or (c) from a trustee, nominee or straw party to the beneficial owner; k. Any conveyance between a parent corporation and a wholly-owned subsidiary corporation; provided such conveyance is without actual consideration; l. Correctional deeds without actual consideration; m. Any conveyance to or from the United States or this State, or to or from any of their instrumentalities, agencies or political subdivisions and the University of Delaware; n. Any conveyance to or from a corporation, or a partnership, where the grantor or grantee owns stock of the corporation or an interest in the partnership in the same proportion as the grantor's or grantee's interest in, or ownership of, the real estate being conveyed; provided, however, that this paragraph shall not apply to any distribution in liquidation or other conveyance resulting from the partial or complete liquidation of a corporation, unless the stock of the corporation being liquidated has been held by the grantor or grantee for more than 3 years; provided, further, this paragraph shall not apply to any conveyance from a partnership to its partners unless the partners' interest in the partnership has been held for more than 3 years; o. Any conveyance by the owner of previously occupied residential premises to a builder of new residential premises when such previously occupied residential premises are taken in trade by such builder as a part of the consideration from the purchaser of new, previously unoccupied premises; p. Any conveyance to the lender holding a bona fide mortgage, which is genuinely in default, either by a sheriff conducting a foreclosure sale or by the mortgagor in lieu of foreclosure; q. Any conveyance to a religious organization or other body or person holding title to real estate for a religious organization, if such real estate will not be used following such transfer by the grantee, or by any privy of the grantee, for any commercial purpose; provided, however, that only that portion of the tax which is attributable to and payable by the religious organization or other body or person holding title to real estate for a religious organization under § 5402 of this title shall be exempt; r. Any conveyance to or from a volunteer fire company, organized under the laws of this State; provided, however, that only that portion of the tax which is attributable to and payable by the volunteer fire company under § 5402 of this title shall be exempt; s. Any conveyance of a "mobile home" as defined in § 7003 of Title 25, provided tax on said conveyance has been paid under § 3002 of this title; t. Any conveyance without consideration to an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code [ 26 U.S.C. § 501 (c)(3)]; u. Any conveyance to a nonprofit conservation organization when the property is purchased for open space preservation purposes; v. Any conveyance to or from an organization exempt from tax under § 501(c)(3) of the federal Internal Revenue Code when the purpose of said conveyance is to provide owner-occupied housing to low and moderate income households by rehabilitating residential properties and reselling said properties without profit. w. Any conveyance between siblings, half siblings, or step siblings. The Form can be completed and printed at: http://revenue.delaware.gov/services/Business_Tax/taxforms/RTT/5402.pdf III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. 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 in your state. 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 OR 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. Space above for Recording Information Only Parcel Number:       Prepared By: Name:       Street Address:       City, State, Zip:       Return to: Name:       Street Address:       City, State, Zip:       SPECIAL 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 “Grantors”, do hereby grant and convey unto ________________________ , their child hereinafter “Grantee”, in fee simple, Grantees’ heirs, successors and assigns forever, all the real property, together with improvements, if any, situate and being in the County of __________________ , State of Delaware, described as follows: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Special Warranty Deed Page 1 of 3 SUBJECT to Life Estates retained by ______________________________ and ______________________________ , Grantors, to run consecutively. It is the intention of the Grantors that the ending of one Life Estate shall in no way affect the remaining Life Estate. AND THE SAID Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF , the Grantors have signed and delivered this Deed on this the ______ day of ____________ , 20 ______ . Sealed and Delivered in the presence of : Sign: {SEAL}       Party of First Part Type or Print Name       Type or Print Name Sealed and Delivered in the presence of : Sign: {SEAL}       Party of Second Part Type or Print Name       Type or Print Name Special Warranty Deed Page 2 of 3 State of Delaware County of ______________________ ______________________ (date) The foregoing instrument was acknowledged before me this ______ (date) ______ by ______________________ and ______________________ (name of persons acknowledged). My Commission Expires ______________________ . Witness my hand and official seal. _________________________________ Notary Public Print Name: ______________________ (Seal, if any) Names and address of the Grantee: Name:       Address:       City/State/Zip:       Special Warranty Deed Page 3 of 3 EXHIBIT A       Exhibit A