Fill and Sign the New York Husband Wife 497321235 Form

© 2016 - U.S. Legal Forms, Inc.       NEW YORK QUITCLAIM DEED [Husband and Wife / Two Individuals to Three (3) Individuals] Control Number: NY-038-77 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 York, 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 New York. 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. QUITCLAIM DEED [Husband and Wife/Two Individuals to Three Individuals] THIS DEED , made on       , 20       BY AND BETWEEN: GRANTORS:       and       , husband and wife and GRANTEES:       and       , and       , individuals . GRANTORS , in consideration of Ten Dollars and other valuable consideration paid by the GRANTEES , do hereby remise, release and quitclaim unto the GRANTEES, as joint tenants with the right of survivorship all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being more particularly described as: See Legal Description Attached as Exhibit A incorporated by reference herein. Legal Description:       GRANTORS in compliance with Section 13 of the Lien Law, covenant that the GRANTORS will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Quitclaim Deed Page 1 of 2 improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. IN WITNESS WHEREOF , the GRANTORS have duly executed this deed the day and year first above written. Grantor’s Signature Grantor’s Signature             Print or Type Name Print or Type Name State of New York, County of       ) On the       day of       in the year       before me, the undersigned, personally appeared       , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity , and that by their signatures on the instrument, the individuals , or the person upon behalf of which the individuals acted, executed the instrument. Signature and Office of Person Taking Acknowledgement Type/Print Name:       State of New York, County of       ) On the       day of       in the year       before me, the undersigned, personally appeared       , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose names is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity , and that by their signatures on the instrument, the individuals , or the person upon behalf of which the individuals acted, executed the instrument. Signature and Office of Person Taking Acknowledgement Type/Print Name:       Quitclaim Deed Page 2 of 2 EXHIBIT A Grantors:             Grantee:                   Legal Description:       Quitclaim Deed Exhibit A