Fill and Sign the Husband and Wife Two 2 Individuals to Form

© 2016 - U.S. Legal Forms, Inc. NEW JERSEY GRANT DEED [Husband and Wife / Two (2) Individuals to Husband and Wife / Two (2) Individuals] Control Number: NJ-035-78 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 New Jersey, 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. INFORMATION ON FILING THIS DEED Form RTF-1, “Affidavit of Consideration for Use By Seller,” must be annexed to and recorded with all deeds when entire consideration is not recited in deed or the acknowledgement or proof of the execution; when the grantor claims a total or partial exemption from the fee; Class 4 property that includes commercial, industrial, or apartment property; and for transfers of “new construction. For detailed instruction see the form and attached instructions at: http://www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/rtfexempt.pdf A Realty Transfer Fee is generally required when real property is transferred by deed. Certain transactions are exempt from this fee. New Jersey Statutes § 46:15-10 – Exemptions from realty transfer tax, provides: The fee imposed by this act shall not apply to a deed: 1. For a consideration, as defined in section 1(c), of less than $100.00; 2. By or to the United States of America, this State, or any instrumentality, agency, or subdivision thereof; 3. Solely in order to provide or release security for a debt or obligation; 4. Which confirms or corrects a deed previously recorded; 5. On a sale for delinquent taxes or assessments; 6. On partition; 7. By a receiver, trustee in bankruptcy or liquidation, or assignee for the benefit of creditors; 8. Eligible to be recorded as an "ancient deed" pursuant to R.S.46:16-7; 9. Acknowledged or proved on or before July 3, 1968; 10. Between husband and wife, or parent and child; 11. Conveying a cemetery lot or plot; 12. In specific performance of a final judgment; 13. Releasing a right of reversion; 14. Previously recorded in another county and full realty transfer fee paid or accounted for, as evidenced by written instrument, attested by the grantee and acknowledged by the county recording officer of the county of such prior recording, specifying the county, book, page, date of prior recording, and amount of realty transfer fee previously paid; 15. By an executor or administrator of a decedent to a devisee or heir to effect distribution of the decedent's estate in accordance with the provisions of the decedent's will or the intestate laws of this State; 16. Recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee; 17. Issued by a cooperative corporation, as part of a conversion of all of the assets of the cooperative corporation into a condominium, to a shareholder upon the surrender by the shareholder of all of the shareholder's stock in the cooperative corporation and the proprietary lease entitling the shareholder to exclusive occupancy of a portion of the property owned by the corporation. IV. 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. LEG AL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Grant Deed Page 1 of 2 Prepared by: {type or print name} Grant Deed {Husband and Wife / Two Individuals to Husband and Wife / Two Individuals} After Recording, Return to: This Deed is made on __________________, 20______, between: GRANTORS: , whose post office address is and , whose post office address is , husband and wife and GRANTEES: , whose post office address is and , whose post office address is , husband and wife . The words “Grantor” and “Grantee” shall include all Grantors and all Grantees listed above. 1. Transfer of Ownership. The Grantors grant and convey the property described below to the Grantees as . This transfer is made for the sum of __________________ Dollars ($________________________).The Grantors acknowledges receipt of this money. 2. Tax Map Reference. (N.J.S.A. 46:15-1.1) Municipality of ________________________ of ________________________, Block No. ____________, Lot No. ________________________. No property tax identification number is available on the date of this Deed. (Check Box if Applicable.) 3. Property. The property consists of the land in the Municipality of of ________________________, County of ________________________, and State of New Jersey. The legal description is: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: Grant Deed Page 2 of 2 Being the same land and premises which became vested in Grantors, by Deed dated __________________, and recorded on __________________, in the land records office of the Register of Deeds for __________________ County, New Jersey. The street address of the Property is: . 4. Type of Deed. This Deed is called a Grant Deed. The Grantors do for Grantors and Grantor’s heirs, personal representatives, executors and assigns forever hereby covenant with Grantees that Grantors a re 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 aforesa id; and to forever warrant and defend the title to the said lands against all claims whatever. 5. Signatures. The Grantors sign this Deed as of the date at the top of the first page. (1st Grantor’s Signature) (2 nd Grantor’s Signature) Print or Type NamePrint or Type Name STATE OF ____________, COUNTY OF __________________ SS: I CERTIFY that on __________________, ________________________________________________, personally came before me and stated to my satisfaction that this person (or if more than one, each person): (a) was the maker of this Deed; (b) executed this Deed as his or her own act; and, (c) made this Deed for $____________ as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) Notary Public STATE OF ____________, COUNTY OF __________________ SS: I CERTIFY that on __________________, ________________________________________________, personally came before me and stated to my satisfaction that this person (or if more than one, each person): (c) was the maker of this Deed; (d) executed this Deed as his or her own act; and, (c) made this Deed for $____________ as the full and actual consideration paid or to be paid for the transfer of title. (Such consideration is defined in N.J.S.A. 46:15-5.) Notary Public Grant Deed Exhibit A EXHIBIT A Grantors: Grantees: Legal Description: