Fill and Sign the Warranty Deed to Separate Property of One Spouse to Both Spouses as Joint Tenants Illinois Form

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF ILLINOIS WARRANTY DEED [Separate Property of One Spouse to Both as Joint Tenants with Right of Survivorship] Control Number – IL - SDEED - 5 NOTE ABOUT COMPLETING THE FORMS The forms in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. If you do not see the gray shaded form fields, go 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 in this button and the form fields will be visible. The forms are locked which means that the content of the forms cannot be changed. You can only fill in the information in the fields. 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NOTE ILLINOIS PROPERTY TAX CODE – TRANSFER TAX EXEMPTION 1. Real Estate Transfer Declaration can be completed and printed online at: https://www.revenue.state.il.us/RETD/ 2. See the following for a listing of the exemptions to the Illinois Transfer Tax on real estate transactions: (35 ILCS 200/31-45) Sec. 31-45. Exemptions. The following deeds or trust documents shall be exempt from the provisions of this Article except as provided in this Section: (a) Deeds representing real estate transfers made before January 1, 1968, but recorded after that date and trust documents executed before January 1, 1986, but recorded after that date. (b) Deeds to or trust documents relating to (1) property acquired by any governmental body or from any governmental body, (2) property or interests transferred between governmental bodies, or (3) property acquired by or from any corporation, society, association, foundation or institution organized and operated exclusively for charitable, religious or educational purposes. However, deeds or trust documents, other than those in which the Administrator of Veterans' Affairs of the United States is the grantee pursuant to a foreclosure proceeding, shall not be exempt from filing the declaration. (c) Deeds or trust documents that secure debt or other obligation. (d) Deeds or trust documents that, without additional consideration, confirm, correct, modify, or supplement a deed or trust document previously recorded. (e) Deeds or trust documents where the actual consideration is less than $100. (f) Tax deeds. (g) Deeds or trust documents that release property that is security for a debt or other obligation. (h) Deeds of partition. (i) Deeds or trust documents made pursuant to mergers, consolidations or transfers or sales of substantially all of the assets of corporations under plans of reorganization under the Federal Internal Revenue Code or Title 11 of the Federal Bankruptcy Act. (j) Deeds or trust documents made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary's stock. (k) Deeds when there is an actual exchange of real estate and trust documents when there is an actual exchange of beneficial interests, except that that money difference or money's worth paid from one to the other is not exempt from the tax. These deeds or trust documents, however, shall not be exempt from filing the declaration. (l) Deeds issued to a holder of a mortgage, as defined in Section 15-103 of the Code of Civil Procedure, pursuant to a mortgage foreclosure proceeding or pursuant to a transfer in lieu of foreclosure. (m) A deed or trust document related to the purchase of a principal residence by a participant in the program authorized by the Home Ownership Made Easy Act, except that those deeds and trust documents shall not be exempt from filing the declaration. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. 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. U.S. Legal Forms, Inc. does not provide legal advice. 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Prepared By and After Recording Return to:                         Send Tax Statements to Grantee (Name and Address):                         -------- Above This Line Reserved For Official Use Only--------       NOTE: Exempt under Provisions of Paragraph ____________ , Section 31-45, Real Estate Transfer Tax Law, Illinois Property Tax Code WARRANTY DEED (Separate Property to Joint Tenancy) 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, ______________________________ , hereinafter referred to as “Grantor”, by these presents does hereby CONVEY and WARRANT unto ______________________________ and ______________________________ , Husband and Wife, as joint tenants with rights of survivorship and not as tenants in common, the following lands and property, together with all improvements located thereon, situated in the County of __________________ , State of Illinois, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       Permanent Index Number(s): ____________________________________ Warranty Deed Page 1 of 3 Property Address: ________________________________________________ GRANTOR 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. To the Grantees, Husband and Wife, 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. WITNESS Grantor(s) hand(s) this the ______ day of __________________ , 20 ______ . Grantor       Type or Print Name STATE OF ILLINOIS COUNTY OF __________________ The foregoing instrument was acknowledged before me this ______ day of __________________ , ______ by ______________________________ (name of person acknowledged.) Warranty Deed Page 2 of 3 Notary Public (SEAL)       Type or Print Name My Commission Expires: __________________ EXEMPT UNDER PROVISIONS OF PARAGRAPH ____________ SECTION 4, REAL ESTATE TRANSFER ACT. DATE: ______________________ ________________________________________ Buyer, Seller or Representative Grantor(s) Name, Address and phone: Grantee(s) Name, Address and Phone:                                                             Warranty Deed Page 3 of 3 EXHIBIT A       Warranty Deed Exhibit A