Ohio General Warranty Deed

OHIO GENERAL WARRANTY DEED

[Husband and Wife to Husband and Wife]

Control Number: OH-017-78

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II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY:

A. In the State of Ohio 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

3. In the past, Ohio accepted ownership of real property by husband and wife in the form known as “tenants by the entirety.” This was a type of joint ownership of real property by husband and wife where they each owned the entire property. (Tenants in common and joint tenants own an undivided fractional interest of the property.) In Ohio, tenants by the entirety were established by statute from 1972 to 1984. Although estates of tenancy by the entireties can no longer be created in Ohio, those interests established when the statute was in effect are still valid.

4. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship.

B. For example:

“. . . as , . .”

OR

“. . .as , . .“

III. DISCLAIMER

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GENERAL WARRANTY DEED

(Husband and Wife to Husband and Wife)

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged,

and , Husband and Wife,

hereinafter referred to as “Grantors”, do hereby grant with general warranty covenants to

and , Husband and Wife, as

joint tenants with the right of survivorship, hereinafter “Grantees”, the following lands and property, together with all improvements located thereon, lying in the County of , State of Ohio, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Auditor’s Parcel No.

Prior instrument reference: Volume , Page , Document No. , of the Recorder of County, Ohio.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantors, if any, which are reserved by Grantors.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantees, and unto Grantees’ heirs and assigns forever, with all appurtenances thereunto belonging.

And the said Grantor, for himself and his heirs, successor and assigns, does hereby covenant with the said Grantee, his heirs, successors and assigns, that the above described premises are FREE AND CLEAR FROM ALL ENCUMBRANCES made by the Grantor, except: (1) mortgages of record, if any; (2) utility easements of record; (3) zoning and building laws, ordinances, and regulations; and (4) the liens of real estate taxes and assessments which have not become due and payable; and that the Grantor will forever WARRANT AND DEFEND the same, with the appurtenances, unto the said Grantee, his heirs, successors and assigns, against all lawful claims whatsoever.

wife husband of the Grantor releases all right of dower therein (mark if applicable.)

wife husband of the Grantor releases all right of dower therein (mark if applicable.)

EXECUTED this day of , 20

STATE OF OHIO, COUNTY OF , SS:

The foregoing instrument was acknowledged before me this day of , 20, .

IN WITNESS WHEREOF, I have hereunto set my hand and official seal.

EXHIBIT A

Grantors:

Grantees:

Legal Description:

Grantor’s Address:

Grantor’s Address:

Grantor’s Address:

Grantor’s Address:

Grantee’s Address:

Grantee’s Address:

Grantee’s Address:

Grantee’s Address:

This Instrument was prepared by:

Signature

Print or Type Name