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© 2016 - U.S. Legal Forms, Inc.       NEW JERSEY WARRANTY DEED [Husband and Wife / Two Individuals to Husband and Wife / Two Individuals] Control Number: NJ-032-78 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. TIPS ON FILING THE FORMS You will need to attach a completed copy of a Statement of True Consideration if the property is subject to the transfer fees provided in N.J.S.A. Section 46:15-7. For additional information see the following form and instructions: http://www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/rtfexempt.pdf III. 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 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 passing 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 , . . .” IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of New Jersey. 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. Warranty Deed Prepared by: Signature       Print or Type Name After Recording, Return to:                   THIS DEED is made on this ______ day of __________________ , 20 ______ by and between: GRANTORS:       , whose mailing address is:             , and AND       , whose mailing address is:             , husband and wife , AND GRANTEES:       , whose mailing address is:             AND       , whose mailing address is:             , husband and wife , as tenants by the entireties . Warranty Deed Page 1 of 3 1. Transfer of Ownership. The Grantors hereby grant, convey and transfer ownership of the property described below to the Grantees. 2. Tax Map Reference. (N.J.S.A. 46:15-1.1) Municipality of       , Block No.       , Lot No.       , or assigned Account No.       . 3. Property. The property is in the Township of       , County of       , State of New Jersey. The legal description is: See attached Exhibit A Legal Description:       Promises by Grantors: The Grantors promise that the Grantors are lawfully seized of the property; have the right to convey the property to Grantees; that the Grantees shall have quiet possession of the said land free from all encumbrances; and Grantors have done no act to encumber the property hereby conveyed. 5. Signatures: The Grantors, and each of them, execute this deed as of the date stated above. GRANTORS: Signature of Grantor Signature of Grantor             Print Name Print Name ACKNOWLEDGEMENT State of New Jersey, County of __________________ I CERTIFY that, on the ______ day of ____________ , 20 ______ , ________________________ personally came before me and acknowledged under oath to my satisfaction, that this person (or if more than one, each person): Warranty Deed Page 2 of 3 (a) is named in and personally signed the attached document; (b) signed and delivered this document as his act and deed; and (c) the full and actual consideration paid or to be paid for the transfer of title is $ __________________ . (Such consideration is defined in NJSA 46:15-5). Notary Public       Type or Print Name State of New Jersey, County of __________________ I CERTIFY that, on the ______ day of ____________ , 20 ______ , ________________________ personally came before me and acknowledged under oath to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed the attached document; (b) signed and delivered this document as his act and deed; and (c) the full and actual consideration paid or to be paid for the transfer of title is $ __________________ . (Such consideration is defined in NJSA 46:15-5). Notary Public       Type or Print Name Warranty Deed Page 3 of 3 EXHIBIT A Grantors:       ,       and Grantees:       ,       Legal Description:       Warranty Deed Exhibit A

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