Fill and Sign the Florida Special Warranty Form

© 2016 - U.S. Legal Forms, Inc.       FLORIDA SPECIAL WARRANTY DEED [Individual to Two Individual / Husband and Wife] Control Number: FL-048-78 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. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Florida, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship ( JTWROS) : is a type of concurrent estate in which co-owners have a right of survivorship , meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate. 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “. . . as tenants in common , . . .” OR “. . . as tenants by the entireties , . . .” OR “. . . as joint tenants with the right of survivorship and not as tenants in common .” III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. 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. THIS INSTRUMENT PREPARED BY: NAME       ADDR.             PARCEL IDENTIFICATION NUMBER:       Space above for Recording This Special Warranty Deed , made the       day of       ,       by: GRANTOR:       , an individual, whose address is       , and GRANTEES:       , whose address is       , and       , whose address is       , husband and wife . WITNESSETH: That the Grantor, for and in consideration of the sum of $       , (       DOLLARS) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantees, as joint tenants with the right of survivorship and not as tenants in common all that certain land situate in       County ,Florida, to wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Special Warranty Deed Page 1 of 2 TOGETHER , with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. GRANTOR hereby covenants with said Grantees that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, that the Grantor hereby warrants the title to said land and, except for covenants, easements and restrictions of record, will defend the same against the lawful claims of all persons claiming by, through and under Grantor, but not otherwise. IN WITNESS WHEREOF , the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Witness Signature Signature of Grantor             Printed Name Printed Name       Witness Signature Post Office Address             Printed Name STATE OF FLORIDA COUNTY OF __________________ The foregoing instrument was acknowledged before me this ______ day of __________________ , ____________ , by       , who is personally known to me or has produced       as identification and who did/ did not take an oath. Special Warranty Deed Page 2 of 2 Notary Public       (Print, type, or stamp commissioned name of Notary Public) Special Warranty Deed Page 3 of 2 EXHIBIT A Grantor:       Grantees:             Legal Description:       Special Warranty Deed Exhibit A