Fill and Sign the Ohio Husband Wife Form

© 2016 - U.S. Legal Forms, Inc. OHIO LIMITED WARRANTY DEED [Individual to Husband and Wife] Control Number: OH-01-79 I. TIPS ON COMPLETING THE FORMSThe 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 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 tenants in common , . .” OR “. . .as joint tenants with the right of survivorship and not as tenants in common , . .“ III. 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Limited Warranty Deed Page 1 of 3 LIMITED WARRANTY DEED (Individual to Husband and Wife) KNOW ALL MEN BY THESE PRESENTS THAT: 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, ______________________________ , an Individual, married unmarried, hereinafter referred to as “Grantor”, does hereby grant with limited warranty covenants unto ______________________________ and ______________________________ , Husband and Wife, as joint tenants with rights of survivorship, hereinafter “Grantees”, the following lands and property, together with all improvements l ocated 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 Grantor, if any, which are reserved by Grantor. SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. Limited Warranty Deed Page 2 of 3 TO HAVE AND TO HOLD to the said Grantees as joint tenants, with right of survivorship, their heirs, personal representatives, executors and assigns forever: it being the intention of the parties to this conveyance, that (unless the joint tenancy hereby created is severed or terminated during the joint lives of the grantees herein) in the event one Grantee herein survives the other, the entire interest in fee simple shall pass to the surviving Grantee, and if one does not survive the other, then the heirs and assigns of the Grantees herein shall take as tenants in common. 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 the lawful claims of all persons claiming by, through and under the Grantor, and against none other, except as noted above. (Name of spouse of Grantor) wife husband of the Grantor releases all right of dower therein (mark if applicable.) EXECUTED this ______ day of __________________, 20______ (Grantor’s Signature) (Grantor’s Spouse’s Signature – if applicable) Print NamePrint Name STATE OF OHIO, COUNTY OF , SS: The foregoing instrument was acknowledged before me this day of , 20 , (name of person acknowledged.) IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My commission expires: Type or Print Name Limited Warranty Deed Page 3 of 3 Grantor’s Address: Grantor’s Addresses: This Instrument was prepared by: Signature Print or Type Name Limited Warranty DeedExhibit A EXHIBIT A Grantor: Grantees: Legal Description: