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I need to prepare a special warranty deed transferring title…

I need to prepare...

I need to prepare a special warranty deed transferring title from my husband and I and our unmarried daughter to just my husband and I. Problem is she is now married and not single anymore. How would I complete the form?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Pinal county Arizona

Lawyer's Assistant: Has any paperwork been filed?

The original in 2003 is recorded showing her with my husband and I.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need to know how to deal with her married status when transferring all of us to just my husband and I. How do I have her sign and do I need some kind of affidavit?

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Answered in 2 minutes by:
3/13/2018
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,215
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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You would make her the grantee to receive the property as her sole and separate property. Property received by gift or inheritance is not marital property and remains her sole and separate property as long as she doesn't later add her husband to the deed.

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Customer reply replied 5 months ago
General Warranty Deed my husband, me and our daughter, an unmarried person as Grantors to my husband and me as grantees. I have got that. Problem is our daughter is now married so how does she sign as a Grantor to make the chain of title clear?

Just because she's now married does not mean her husband needs to sign as this would be her sold and separate property. So, as grantor, your daughter would be referenced as "[Daughter's Name], married, but owning her interest as her sole and separate property."

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Customer reply replied 5 months ago
Here is what is prepared
Customer reply replied 5 months ago
I am not worried about her husband just how do I transfer now that she is not single anymore and her name is ***** ***** married name.

First, you reference you were doing a special warranty deed and this is a general warranty deed; Second, you daughter is now married, so you should reference her as I mentioned above...married, but owning this as her sole and separate property.

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Customer reply replied 5 months ago
What would you charge to complete the General Warranty Deed in the word document I sent you? Sorry about the Special and General Warranty I was looking up too much information at once.

Being that I'm not in your state, I would not be allowed to prepare the deed for you. I can only provide you information and direction, which I've done my best to do. :)

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Customer reply replied 5 months ago
Ok thank you. I will add after unmarried person, now know as Valerie J Ellerd, an married women as her sole and separate property correct?

Correct. :)

Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,215
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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