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

Prepared by U.S. Legal Forms, Inc. Copyright 2016 - U.S. Legal Forms, Inc. STATE OF SOUTH DAKOTA WARRANTY DEED [Separate Property of one Spouse to both as Joint Tenants with Right of Survivorship] Control Number – SD - 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. If you need to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. IF YOU INTEND TO MAKE CHANGES TO THE CONTENT, DO SO BEFORE YOU BEGIN TO FILL IN THE FIELDS. IF YOU UNLOCK THE DOCUMENT AFTER YOU HAVE BEGUN TO COMPLETE THE FIELDS, WHEN YOU RELOCK, ALL INFORMATION YOU ENTERED WILL BE LOST. To unlock click on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . After you make the changes relock the document before you being to complete the fields. After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. If problems, please let us know. NOTES ON FILING THE DEED 1. 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 under “Property Tax” at: http://www.state.sd.us/drr2/revenue.html under “Property Tax”. 2. Transfer Fee Exemption Statutes - Transfer Fee exemption statutes must be typed on the face of a deed if the transfer is exempt. The law states that the words “Exempt from Transfer Fee Pursuant to SDCL 43-4-22(___)(applicable subdivision must be put in parenthesis)” are to be typed or printed on the face of the instrument. See the following for a full list of exemptions: “43-4-22. Exemptions from real estate transfer fee. The fee imposed by § 43-4-21 does not apply to any transfer of title: (1) Recorded before July 1, 1968; (2) By or to the United States of America, this state, or any instrumentality agency, or political subdivision of either; (3) Solely in order to provide for or to release security for a debt or obligation; (4) Which confirms or corrects a deed previously executed and recorded; (5) Between husband and wife, or parent and child with only nominal actual consideration therefor; (6) On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings; (7) On partition; (8) Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred; (9) By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock; (10) Pursuant to decrees of distribution entered in any decedent's estate; (11) Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person; (12) Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors; (13) On cemetery lots and grave sites; (14) Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person; (15) Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship; (16) Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance; (17) Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment, or separate maintenance; (18) For which no consideration was given; (19) Between any limited liability company and its members.” DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of South Dakota. 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Prepared By and After Recording Return to: -------- Above This Line Reserved For Official Use Only-------- WARRANTY DEED (Wife to Herself and Husband) 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, ______________________________ , an Individual, hereinafter referred to as “Grantor”, does hereby grant, convey and warrant unto ______________________________ and ______________________________ , Husband and Wife, as joint tenants and not as tenants in common, hereinafter “Grantee”, the following lands and property, together with all improvements located thereon, lying in the State of South Dakota, to-wit: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description:       SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any. Warranty Deed Page 1 of 3 TO HAVE AND TO HOLD to the said Grantee, his/her heirs, personal representatives, executors and assigns forever. 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. In Witness Whereof, the said ____________________________________ , Grantors have hereunto set their hand(s) this ______ day of ____________ , 20 ______ . 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 whereof I hereunto set my hand and official seal. Notary Public, State of       My commission expires:       Type or Print Name Grantor(s) Name, Address and phone: Grantee(s) Name, Address and Phone: Warranty Deed Page 2 of 3 Warranty Deed Page 3 of 3 EXHIBIT A       Warranty Deed Exhibit A