Fill and Sign the Special Warranty Deed Arizona Form

© 2016 - U.S. Legal Forms, Inc.       ARIZONA SPECIAL WARRANTY DEED [Individual to Husband and Wife] Control Number: AZ-033-78 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. Note on Filing Forms: There must be appended to the deed an affidavit stating the value of the property, names and addresses of the buyers and sellers, the purchase price, type of payment and financing, the value of any personal property included in the sale, the tax code numbers, and a description of the real estate and its use. Instructions for completing the Affidavit of Property Value is available at: http://www.azdor.gov/Forms/Property/82162i.pdf The form itself is available at: http://www.azdor.gov/Forms/Property/82162f.pdf Exemptions from the affidavit and fee provisions are contained in the following: 11-1134. Exemptions: A. The affidavit and fee required by this article do not apply to the following instruments: 1. A deed that represents the payment in full or forfeiture of a recorded contract for the sale of real property. 2. A lease or easement on real property, regardless of the length of the term. 3. A deed, patent or contract for the sale or transfer of real property in which an agency or representative of the United States, this state, a county, city or town of this state or any political subdivision of this state is the named grantor, and authorized seller, or purchaser. 4. A quitclaim deed to quiet title as described in section 12-1103, subsection B. 5. A conveyance of real property that is executed pursuant to a court order. 6. A deed to an unpatented mining claim. 7. A deed of gift. B. The affidavit and fee required by this article do not apply to a transfer of title: 1. Solely in order to provide or release security for a debt or obligation, including a trustee's deed pursuant to power of sale under a deed of trust. 2. That confirms or corrects a deed that was previously recorded. 3. Between husband and wife, or parent and child, with only nominal actual consideration for the transfer. 4. On a sale for delinquent taxes or assessments. 5. On partition. 6. Pursuant to a merger of corporations. 7. By a subsidiary corporation to its parent corporation for no consideration or nominal consideration or in sole consideration for canceling or surrendering the subsidiary's stock. 8. From a person to a trustee or from a trustee to a trust beneficiary with only nominal actual consideration for the transfer. 9. To and from an intermediary for the purpose of creating a joint tenancy estate or some other form of ownership. 10. From a husband and wife or one of them to both husband and wife to create an estate in community property with right of survivorship. 11. From two or more persons to themselves to create an estate in joint tenancy with right of survivorship. 12. Pursuant to a beneficiary deed with only nominal actual consideration for the transfer. C. Any instrument that describes a transaction that is exempt under this section shall note the exemption on the face of the instrument at the time of recording, indicating the specific exemption that is claimed. III. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Arizona. 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. 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Recorded at the Request of:       When Recorded, mail to:                         Exempt from the affidavit and fee requirements per A.R.D. §       Special Warranty Deed [Individual to Husband and Wife] For good and valuable consideration, receipt of which is hereby acknowledged, I, ______________________________ , hereinafter called “Grantor”, do grant and convey to ______________________________ and ______________________________ , Husband and Wife, hereinafter called “Grantees”, as community property with the right of survivorship , the following described real property situated in __________________ , County, Arizona: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       SUBJECT TO: Current taxes, assessments, reservations in patents and all easements, rights of way, encumbrances, liens, covenants, conditions and restrictions as may appear of record, and any further items set forth on Exhibit B attached hereto and incorporated herein by reference as though set forth in full. Grantor bind Grantor, Grantor’s successors and assigns, to warrant the title against their acts and none other. Dated:       Signature of Grantor       Type or Print Name State of       , County of       Date of Acknowledgment:       This instrument was acknowledged before me this date by       . Warranty Deed - 1 - Notary Public My commission expires: __________________ COMMUNITY PROPERTY AGREEMENT* It is hereby agreed by and between       and       , Husband and Wife, Grantees herein, that the above described community property shall, in the event of the death of one spouse, vest in and belong to the surviving spouse. Signature of Grantee       Type or Print Name Signature of Grantee       Type or Print Name * Use only if the Grantees are taking the property as Community Property with the Right of Survivorship Warranty Deed - 2 - EXHIBIT A       Exhibit A EXHIBIT B (Title Exceptions)       Exhibit B