Fill and Sign the Special Warranty Deed PDF Form

© 2016 - U.S. Legal Forms, Inc. NEW YORK SPECIAL WARRANTY DEED [Individual to Husband and Wife]       Control Number: NY-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. 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 , . . .” 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. SPECIAL WARRANTY DEED [Individual to Husband and Wife] THIS DEED , made the ______ day of __________________ , 20 ______ BY AND BETWEEN: ______________________________ party of the first part, whether one or more, and ______________________________ and ______________________________ , Husband and Wife, party of the second part, whether one or more. WITNESSETH , that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, as       , the heirs or successors and assigns of the party of the second part forever, 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 as though set forth in full Legal Description:       TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said Special Warranty Deed Page 1 of 3 premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. The party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part 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 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. The party of the first part further covenants as follows: that said party of the first part is seized of the said premises in fee simple and the said Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantees against the claims of those persons claiming by, through or under Grantor, but not otherwise. The word “party” shall be construed as if it read “parties” whenever the sense of this indenture so requires. IN WITNESS WHEREOF , the party of the first part has duly executed this deed the day and year first above written. Signature       Type or Print Name CERTIFICATE OF ACKNOWLEDGMENT Individual Capacity within the State of New York for Real Property State of New York ) ) ss.: 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 name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity , and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument. Signature and Office of Person Taking Acknowledgement Type/Print Name:       Special Warranty Deed Page 2 of 3 Individual Capacity Outside the State of New York for Real Property State of ____________ ) ) ss.: 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 name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity , and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument and that such individual made such appearance before the undersigned in the       (insert the city or other political subdivision and the State or country or other place the acknowledgment was taken). Signature and Office of Person Taking Acknowledgement Type/Print Name:       Special Warranty Deed Page 3 of 3 EXHIBIT A Grantor:       Grantees:             Legal Description:       Exhibit A