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Grant Deed to be used to convey property ownership as community property

A Grant deed is a deed where the grantor of property makes certain guarantees to the person whom he or she is conveying the property to, the grantee. The grantor guarantees that he/she holds clear title to a piece of real estate and has the right to sell it. This guarantee extends beyond the grantors own possession of the property, and all the way back to its origins. This Grant deed also guarantees the property is free from all encumbrances, except as set forth in the document, that the Grantee will be able to quietly enjoy the property; and that the grantor will forever warrant and defend the title to the property against any lawful claims and demands.

Some States, such as California, use Grant deeds, while other states, such as Oregon, use Warranty deeds. Before deciding on which deed document to use be sure to check with the laws of the state where the property to be conveyed is located.

In states that recognize community property, married spouses, and in some states, domestic partners, who acquire property during the marriage or partnership do so as community property. This means that the property is an asset of the community, and that it is owned jointly by the spouses or partners. There are no survivorship rights with regards to community property. Upon death of one spouse or partner, half of the community property passes to the living spouse or partner, and the other half passes by will or intestate. Different states treat community property differently and therefore the laws of your particular state should be consulted.

At the time of this writing there are nine community property states in the United States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Use this document to create a Grant deed conveying property ownership to a married couple or in some states domestic partnership, as community property.

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