Fill and Sign the Warranty Deed from Husband and Wife to Two Individuals Mississippi Form

© 2017 - U.S. Legal Forms, Inc.       WARRANTY DEED [Husband and Wife to Two Individuals] Control Number: MS-024-78 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 Mississippi, 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 , . . .” “. . . as joint tenants with the right of survivorship, and not as tenants in common , . . .” “. . . as tenants by the entireties . . . “ III. 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Prepared by:                         After filing, return to:                         COUNTY:       DATE:       CITY:       WARRANTY DEED Grantor Name:       Address:       City/State:       Zip:       Telephone No:       Grantor Names:       Address:       City/State:       Zip:       Telephone No:       do hereby sell, convey, bargain and warrant to Grantee Name:       Address:       City/State:       Zip:       Telephone No:       Grantee Names:       Address:       City/State:       Zip:       Telephone No:       as tenants in common , the following described real property situated and located in the       Judicial District of       County, Mississippi, more particularly and certainly described as follows: (See Exhibit A attached at page 3) INDEXING INSTRUCTIONS:       Warranty Deed Page 1 of 3 This conveyance is further subject to all easements, roadways, servitudes, restrictive covenants and oil, gas and other mineral reservations, exceptions, conveyances and leases of record or obvious on reasonable inspection of the subject property. Ad valorem taxes as of the date of sale have been prorated between Grantors and Grantees and are assumed by       herein. IN WITNESS WHEREOF , the Grantors have signed and delivered this Deed on this the       day of       , 20       . (Grantor’s Signature) (Grantor’s Signature)             Print or Type Name Print or Type Name STATE OF       , COUNTY OF       I, a Notary Public for       , do hereby certify that       , Grantor(s), personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the       day of       , 20       . Notary Public for       My commission expires:       STATE OF       , COUNTY OF       I, a Notary Public for       , do hereby certify that       , Grantor(s), personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the       day of       , 20       . Notary Public for       My commission expires:       Warranty Deed Page 2 of 3 EXHIBIT A Grantors:             Grantees:             Legal Description:       Warranty Deed Page 3 of 3