Fill and Sign the Warranty Deed from Husband to Himself and Wife South Dakota Form

© 2016 - U.S. Legal Forms, Inc.       SOUTH DAKOTA WARRANTY DEED [Individual to Husband and Wife / Two Individuals] Control Number: SD-016-77 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. NOTES ON FILING THESE FORMS Certificate of Real Estate Value - Deeds, Contract for Deeds, Assignment of Contracts which convey an interest in the title from one person to another and are dated after July 1, 1988 shall be accompanied by an additional document entitled “Certificate of Real Estate Value” which document is prescribed by the Department of Revenue. This Certificate must be fully filled out and signed and dated. These forms can be downloaded for completion or completed and printed at: http://www.state.sd.us/drr2/forms/propertytaxforms.htm III. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of South Dakota, 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 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 additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” IV. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of South Dakota. 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. Prepared by:       After Recording, Return to:                         WARRANTY DEED (Individual to Husband and Wife / Two Individuals) 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, GRANTOR:       , an unmarried individual, does hereby grant, convey and warrant unto GRANTEES:       and       , husband and wife , as       , the following lands and property, together with all improvements located thereon, lying in the County of       , Sta te of South Dakota, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Prior instrument reference: Book       , Page       , Document No.       , of the Register of Deeds for       County, South Dakota. Warranty Deed Page 1 of 2 GRANTOR does for Grantor and Grantor’s heirs, personal representatives, executors and assigns forever hereby covenant with GRANTEES that Grantor is lawfully seized in fee simple of said premises; that the premises are free from all encumbrances, unless otherwise noted above; that Grantor has a good right to sell and convey the same as aforesaid; and to forever warrant and defend the title to the said lands against all claims whatever. IN WITNESS WHEREOF, this deed was executed by the Grantor on the day and year set forth below. Date:       Signature of Grantor       Type or Print Name State of South Dakota, County of       On this ______ day of __________________ , 20 ______ , before me, ________________________ , the undersigned officer, personally appeared ________________________ , known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained. In Witness my hand and official seal. Signature of Notary Public NOTARY       SEAL Printed Name of Notary       Commission Expiration Date Names and address of the Grantor: Name:       Address:       City/State/Zip:       Name and Address of Grantees: Name:       Address:       City/State/Zip:       Name:       Address:       City/State/Zip:       Warranty Deed Page 2 of 2 EXHIBIT A Grantor:       Grantees:             Legal Description:       Exhibit A