Grant Deed to be used to convey property ownership to a married couple as a tenancy by the entirety

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General Information

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.

Tenancy by the entirety is used in some states by married couples to hold title to property together. The laws and requirements vary from state to state, and should be consulted before proceeding with a deed, but all states require that two people be married to take title this way. Some states, such as Illinois, require that the property be the primary personal residence. Tenancy by the entirety differs from joint tenancy and tenancy in common because it requires the consent of both parties before the tenancy may be broken. One benefit of taking title this way is that only creditors of both the husband and the wife may attach the property, a creditor of just one spouse may not reach the property.

At the time of this writing the following states recognize tenancy by the entirety: Alaska, Arkansas, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Mississippi, New Jersey, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Tennessee and Wyoming.

Use this document to create a Grant deed conveying property to a married couple by a tenancy by the entirety.

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