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What Is a Special Warranty Deed In Wisconsin?
A special warranty deed form Wisconsin is a legal document used to transfer property ownership from one person or entity to another in the state of Wisconsin. Unlike a general warranty deed that provides a full warranty of title, a special warranty deed only guarantees the title during the time that the seller owned the property.
The seller of the property agrees to defend the title against any claims made by previous owners but not against claims that occurred before their ownership. This means that the buyer assumes any potential risks or liabilities associated with the property's ownership before the seller's ownership.
How to Write Wisconsin Warranty Deed Form
To write a warranty deed Wisconsin form, follow these points:
- Title and Description: At the top of the document, include the title "Warranty Deed" and a brief description of the property being transferred, such as the address or legal description.
- Grantor and Grantee Information: Next, provide the full legal name and address of the grantor (the seller) and the grantee (the buyer).
- Consideration: Include the amount of consideration, or money being exchanged for the property, if any. If no consideration is involved, state this in the document.
- Property Description: Include a complete legal description of the property, including the parcel number, lot number, or other identifiers.
- Warranty Clause: Insert a warranty clause stating that the grantor has the right to transfer the property and that the grantor will defend the title against any claims made by third parties.
- Signature: Both the grantor and grantee must sign the document in the presence of a notary public. The notary public will then acknowledge the signatures and attach their official seal to the document.
How to Get a Warranty Deed In Wisconsin
To get a warranty deed form Wisconsin, you should follow these steps:
- Hire an Attorney: While it is not legally required to hire an attorney to prepare a warranty deed, it is highly recommended. An attorney can ensure that the document is prepared correctly and that all necessary steps are taken to complete the transfer of ownership.
- Obtain the Necessary Information: Gather all necessary information about the property, including the legal description, parcel number, and any relevant zoning or land use restrictions.
- Prepare the Document: Work with your attorney to draft the warranty deed, following the steps outlined in section two of this article.
- Sign and Notarize the Document: Both the grantor and grantee must sign the document in the presence of a notary public, who will then acknowledge the signatures and attach their official seal to the document.
- File the Document: File the completed warranty deed with the register of deeds in the county where the property is located. The register of deeds will charge a fee to record the document, which varies by county.
Common Uses Of Wisconsin Warranty Deed Form
A Wisconsin warranty deed form can be used in a variety of situations, including:
- Sale of real estate: A warranty deed is commonly used to transfer ownership of a property from a seller to a buyer.
- Inheritance: A warranty deed can be used to transfer ownership of real estate from a deceased person to their heirs.
- Gifts: A warranty deed can be used to transfer ownership of real estate as a gift from one person to another.
- Divorce: A warranty deed can be used to transfer ownership of real estate as part of a divorce settlement.
- Estate planning: A warranty deed can be used to transfer ownership of real estate into a trust or other estate planning vehicle.
Wisconsin Warranty Deed Form Popular Questions
Can a personal representative provide a warranty deed in Wisconsin?
Yes, a personal representative can provide a warranty deed in Wisconsin. In Wisconsin, a personal representative is appointed by a probate court to administer the estate of a deceased person. The personal representative has the legal authority to act on behalf of the estate and can sell, transfer, or dispose of property that belongs to the estate, including real estate.
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