Fill and Sign the Illinois Husband Wife Form

© 20 16 - U.S. Legal Forms, Inc. ILLINOIS WARRANTY DEED [Trust to Two Individuals / Husband and Wife ] Control Number: IL -02 6 -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. Th e form was created to function in this manner. II. ILLINOIS PROPERTY TAX CODE – TRANSFER TAX EXEMPTION 1. Real Estate Transfer Declaration can be completed and printed online at: https://www.revenue.state.il.us/RETD/ 2. See the following for a listing of the exemptions to the Illinois Transfer Tax on real estate transactions: (35 ILCS 200/31 -45) Sec. 31 -45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section: (a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date. (b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration. (c) Deeds or trust documents that secure debt or other obligation. (d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded. (e) Deeds or trus t documents where the actual consideration is less than $100. (f) Tax deeds. (g) Deeds or trust documents that release property that is security for a debt or other obligation. (h) Deeds of partition. (i) Deeds or trust documents made pursu ant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act. (j) Deeds or trust documents m ade by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock. (k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration. (l) Dee ds issued to a holder of a mortgage, as defined in Section 15 -103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. (m) A deed or trust document related to the pu rchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration. III. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of Illinois 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 Ten ants 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 l aw, 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 3. In the attached deed, the preparer will need to ind icate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” IV. DISCLAIMER These materials were develo ped by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. 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 substit ute 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 EVE NT 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 MATERIAL S, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Warranty Deed Page 1 of 2 WARRANTY DEED [Trust to Two Individuals / Husband and Wife] Mail to: Name and Address of Taxpayer: RECORDER’S STAMP Permanent Index Number(s): Property Address: GRANTOR : , whose address is , as Trustee under the provisi ons of a trust agreement dated , 20 , known as the Trust, For and in consideration of , $ , CONVEY S AND WARRANT S to GRANTEES : , whose address is , County of , State of and , whose address is , County of , State of , husband and wife , as Joint Tenants with the Right of Survivorship , all interest in the following described real property located in the County of , in the State of Illinois, to wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: Warranty Deed Page 2 of 2 Dated this day of , 20 . IN WITNESS WHEREOF, the Grantor, acting in his capacity as Trustee of the Trust, has executed the above instrument on this the day of , 20 . Name of Trust: By : Signature Type or Print Name State of Illinois, County of The foregoing instrument was acknowledged before me this (date), by (name of person (s) acknowledged). In Witness Whereof, I have hereunto set my hand and seal the day and year before written. (SEAL) Notary Public Type or Print Name My Commission expires: MUNICIPAL TRANSFER STAMP COUNTY/ILLINOIS TRANSFER STAMP [If Required] NAME & ADDRESS OF PREPARER: Exhibit A EXHIBIT A Grantor: Grantees: Legal Description: