The Ohio Revised Code prescribes statutory forms of deeds. These forms are not exclusive and other forms may be used; however, they are safe harbors and unless there is a good reason to deviate, the forms ought to be used. Below are selected statutes regarding these forms:
§ 5302.01 CONVEYANCES; STATUTORY FORMS
The forms set forth in sections 5302.05, 5302.07, 5302.09, 5302.11, 5302.12, 5302.14, 5302.17, and 5302.22 of the Revised Code may be used and shall be sufficient for their respective purposes. They shall be known as “Statutory Forms” and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms. Wherever the phrases defined in sections 5302.06, 5302.08, 5302.10, and 5302.13 of the Revised Code are to be incorporated in instruments by reference, the method of incorporation as indicated in the statutory forms shall be sufficient, but shall not preclude other methods.
§ 5302.05 GENERAL WARRANTY DEED
A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use, with covenants on the part of the grantor with the grantee, the grantee’s heirs, assigns, and successors, that, at the time of the delivery of that deed the grantor was lawfully seized in fee simple of the granted premises, that the granted premises were free from all encumbrances, that the grantor had good right to sell and convey the same to the grantee and the grantee’s heirs, assigns, and successors, and that the grantor does warrant and will defend the same to the grantee and the grantee’s heirs, assigns, and successors, forever, against the lawful claims and demands of all persons.
“GENERAL WARRANTY DEED
. . . . . . (marital status), of . . . . . . . County,. . . . . . for valuable consideration paid, grant(s), with general warranty covenants, to . . . . ., whose tax-mailing address is . . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . ., Page . . .
. . . . . ., wife (husband) of the grantor, releases all rights of dower therein.
Executed this . . . . . . . day of . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
§ 5302.06 GENERAL WARRANTY DEED COVENANTS
In a conveyance of real estate, or any interest therein, the words “general warranty covenants” have the full force, meaning, and effect of the following words: “The grantor covenants with the grantee, his heirs, assigns, and successors, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons.”
§ 5302.07 LIMITED WARRANTY DEED
A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use, with covenants on the part of the grantor with the grantee, the grantee’s heirs, assigns, and successors, that, at the time of the delivery of that deed the premises were free from all encumbrances made by the grantor, and that the grantor does warrant and will defend the same to the grantee and the grantee’s heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other.
“LIMITED WARRANTY DEED
. . . . . . (marital status), of . . . . . . . County,. . . . . . for valuable consideration paid, grant(s), with limited warranty covenants, to . . . . ., whose tax-mailing address is . . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . ., Page . . .
. . . . . ., wife (husband) of said grantor, releases to said grantee all rights of dower therein.
Executed this . . . . . . . day of . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
§ 5302.08 LIMITED WARRANTY COVENANTS
In a conveyance of real estate, or any interest therein, the words “limited warranty covenants” have the full force, meaning, and effect of the following words: “The grantor covenants with the grantee, his heirs, assigns, and successors, that the granted premises are free from all encumbrances made by the grantor, and that he does warrant and will defend the same to the grantee and his heirs, assigns, and successors, forever, against the lawful claims and demands of all persons claiming by, through, or under the grantor, but against none other.”
§ 5302.09 DEED OF EXECUTOR, ADMINISTRATOR, TRUSTEE, GUARDIAN, RECEIVER, OR COMMISSIONER
A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use, with covenants on the part of the grantor with the grantee, the grantee’s heirs, assigns, and successors, that, at the time of the delivery of that deed, the grantor was duly appointed, qualified, and acting in the fiduciary capacity described in that deed, and was duly authorized to make the sale and conveyance of the premises; that in all of the grantor’s proceedings in the sale of the premises the grantor has complied with the requirements of the statutes in such case provided.
“DEED OF EXECUTOR, ADMINISTRATOR,
TRUSTEE, GUARDIAN, RECEIVER, OR COMMISSIONER
. . . . . . ., executor of the will of . . . . . . ., (administrator of the estate of . . . . . .) (trustee under . . . . . .) (guardian of . . . . . .) (receiver of. . . . . .) (commissioner), by the power conferred by . . . . . ., and every other power, for . . . . . .dollars paid, grants, with fiduciary covenants, to. . . . . ., whose tax-mailing address is . . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . . . ., Page . . . . . .
Executed this . . . . . . . day of . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
§ 5302.10 FIDUCIARY COVENANTS
In a conveyance of real estate, or any interest therein, the words “fiduciary covenants” have the full force, meaning, and effect of the following words: “The grantor covenants with the grantee, his heirs, assigns, and successors, that he is duly appointed, qualified, and acting in the fiduciary capacity described in such deed, and is duly authorized to make the sale and conveyance of the granted premises, and that in all of his proceedings in the sale thereof he has complied with the requirements of the statutes in such case provided.”
§ 5302.11 QUIT CLAIM DEED
A deed in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, has the force and effect of a deed in fee simple to the grantee, the grantee’s heirs, assigns, and successors, and to the grantee’s and the grantee’s heirs’, assigns’, and successors’ own use, but without covenants of any kind on the part of the grantor.
“QUIT-CLAIM DEED
. . . . . . . (marital status), of . . . . . . County, . . . . . . for valuable consideration paid, grant(s) to . . . . ., whose tax-mailing address is . . . . ., the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: Volume . . . . . ., Page . . . .
. . . . . ., wife (husband) of the grantor, releases all rights of dower therein.
Executed this . . . . . . . day of . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
§ 5302.17 SURVIVORSHIP DEED
A deed conveying any interest in real property to two or more persons, and in substance following the form set forth in this section, when duly executed in accordance with Chapter 5301. of the Revised Code, creates a survivorship tenancy in the grantees, and upon the death of any of the grantees, vests the interest of the decedent in the survivor, survivors, or the survivor’s or survivors’ separate heirs and assigns.
“SURVIVORSHIP DEED
………… (marital status), of ………… County, ………… for valuable consideration paid, grant(s), (covenants, if any), to ………… (marital status) and ………… (marital status), for their joint lives, remainder to the survivor of them, whose tax-mailing addresses are …………, the following real property:
(description of land or interest therein and encumbrances, reservations, and exceptions, if any)
Prior Instrument Reference: ………….
…………, wife (husband) of the grantor, releases all rights of dower therein.
Executed this ………… day of …………
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
Any persons who are the sole owners of real property, prior to April 4, 1985, as tenants with a right of survivorship under the common or statutory law of this state or as tenants in common may create in themselves and in any other person or persons a survivorship tenancy in the real property by executing a deed as provided in this section conveying their entire, separate interests in the real property to themselves and to the other person or persons.
Except as otherwise provided in this section, when a person holding real property as a survivorship tenant dies, the transfer of the interest of the decedent may be recorded by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the Revised Code, or an affidavit accompanied by a certified copy of a death certificate. The affidavit shall recite the names of the other survivorship tenant or tenants, the address of the other survivorship tenant or tenants, the date of death of the decedent, and a description of the real property. The county recorder shall make index reference to any certificate or affidavit so filed in the record of deeds. When a person holding real property as a survivorship tenant dies and the title to the property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the decedent shall be pursuant to section 5309.081 of the Revised Code.
§ 5302.20 SURVIVORSHIP TENANCY
(A) Except as provided in section 5302.21 of the Revised Code, if any interest in real property is conveyed or devised to two or more persons for their joint lives and then to the survivor or survivors of them, those persons hold title as survivorship tenants, and the joint interest created is a survivorship tenancy. Any deed or will containing language that shows a clear intent to create a survivorship tenancy shall be liberally construed to do so. The use of the word “or” between the names of two or more grantees or devisees does not by itself create a survivorship tenancy but shall be construed and interpreted as if the word “and” had been used between the names.
(B) If two or more persons hold an interest in the title to real property as survivorship tenants, each survivorship tenant holds an equal share of the title during their joint lives unless otherwise provided in the instrument creating the survivorship tenancy. Upon the death of any of them, the title of the decedent vests proportionately in the surviving tenants as survivorship tenants. This is the case until only one survivorship tenant remains alive, at which time the survivor is fully vested with title to the real property as the sole title holder. If the last two or more survivorship tenants die under such circumstances that the survivor cannot be determined, title passes as if those last survivors had been tenants in common.
(C) A survivorship tenancy has the following characteristics or ramifications:
(1) Unless otherwise provided in the instrument creating the survivorship tenancy, each of the survivorship tenants has an equal right to share in the use, occupancy, and profits, and each of the survivorship tenants is subject to a proportionate share of the costs related to the ownership and use of the real property subject to the survivorship tenancy.
(2) A conveyance from all of the survivorship tenants to any other person or from all but one of the survivorship tenants to the remaining survivorship tenant terminates the survivorship tenancy and vests title in the grantee. A conveyance from any survivorship tenant, or from any number of survivorship tenants that is from less than all of them, to a person who is not a survivorship tenant vests the title of the grantor or grantors in the grantee, conditioned on the survivorship of the grantor or grantors of the conveyance, and does not alter the interest in the title of any of the other survivorship tenants who do not join in the conveyance.
(3) A fee simple title, leasehold interest, or land contract vendee’s interest in real property or any fractional interest in any of these interests may be subjected to a survivorship tenancy.
(4) A creditor of a survivorship tenant may enforce a lien against the interest of one or more survivorship tenants by an action to marshall liens against the interest of the debtor or debtors. Every person with an interest in or lien against the interest of the debtor or debtors shall be made a party to the action. Upon a determination by the court that a party or cross-claimant has a valid lien against the interest of a survivorship tenant, the title to the real property ceases to be a survivorship tenancy and becomes a tenancy in common. Each tenant in common of that nature then holds an undivided share in the title. The interest of each tenant in common of that nature shall be equal unless otherwise provided in the instrument creating the survivorship tenancy. The court then may order the sale of the fractional interest of the lien debtor or debtors as on execution, and the proceeds of the sale shall be applied to pay the lien creditors in the order of their priority.
(5) If the entire title to a parcel of real property is held by two survivorship tenants who are married to each other and the marriage is terminated by divorce, annulment, or dissolution of marriage, the title, except as provided in this division, immediately ceases to be a survivorship tenancy and becomes a tenancy in common. Each tenant in common of that nature holds an undivided interest in common in the title to the real property, unless the judgment of divorce, annulment, or dissolution of marriage expressly states that the survivorship tenancy shall continue after termination of the marriage. The interest of each tenant in common of that nature shall be equal unless otherwise provided in the instrument creating the survivorship tenancy or in the judgment of divorce, annulment, or dissolution of marriage.
If a survivorship tenancy includes one or more survivorship tenants in addition to a husband and wife whose marriage is terminated by divorce, annulment, or dissolution of marriage, the survivorship tenancy is not affected by the divorce, annulment, or dissolution of marriage unless the court alters the interest of the survivorship tenants whose marriage has been terminated.
§ 5302.22 TRANSFER ON DEATH DEED
(A) A deed conveying any interest in real property, and in substance following the form set forth in this division, when duly executed in accordance with Chapter 5301. of the Revised Code and recorded in the office of the county recorder, creates a present interest as sole owner or as a tenant in common in the grantee and creates a transfer on death interest in the beneficiary or beneficiaries. Upon the death of the grantee, the deed vests the interest of the decedent in the beneficiary or beneficiaries. The deed described in this division shall in substance conform to the following form:
“Transfer on Death Deed
………………….. (marital status), of ……………… County, ………… (for valuable consideration paid, if any), grant(s) (with covenants, if any), to ………… whose tax mailing address is …………, transfer on death to …………, beneficiary(s), the following real property;
(Description of land or interest in land and encumbrances, reservations, and exceptions, if any.)
Prior Instrument Reference: …….., wife (husband) of the grantor, releases all rights of dower therein.
Executed this ………… day of …………
. . . . . . . . . . . . . . . . . . . . . . . . . .
(Signature of Grantor)
(Execution in accordance with Chapter 5301. of the Revised Code)”
(B) Any person who, under the Revised Code or the common law of this state, owns real property or any interest in real property as a sole owner or as a tenant in common may create an interest in the real property transferable on death by executing and recording a deed as provided in this section conveying the person’s entire, separate interest in the real property to one or more individuals, including the grantor, and designating one or more other persons, identified in the deed by name, as transfer on death beneficiaries.
A deed conveying an interest in real property that includes a transfer on death beneficiary designation need not be supported by consideration and need not be delivered to the transfer on death beneficiary to be effective.
(C) Upon the death of any individual who owns real property or an interest in real property that is subject to a transfer on death beneficiary designation made under a transfer on death deed as provided in this section, the deceased owner’s interest shall be transferred only to the transfer on death beneficiaries who are identified in the deed by name and who survive the deceased owner or that are in existence on the date of death of the deceased owner. The transfer of the deceased owner’s interest shall be recorded by presenting to the county auditor and filing with the county recorder an affidavit, accompanied by a certified copy of a death certificate for the deceased owner. The affidavit shall recite the name and address of each designated transfer on death beneficiary who survived the deceased owner or that is in existence on the date of the deceased owner’s death, the date of the deceased owner’s death, a description of the subject real property or interest in real property, and the names of each designated transfer on death beneficiary who has not survived the deceased owner or that is not in existence on the date of the deceased owner’s death. The affidavit shall be accompanied by a certified copy of a death certificate for each designated transfer on death beneficiary who has not survived the deceased owner. The county recorder shall make an index reference to any affidavit so filed in the record of deeds.
Upon the death of any individual holding real property or an interest in real property that is subject to a transfer on death beneficiary designation made under a transfer on death deed as provided in this section, if the title to the real property is registered pursuant to Chapter 5309. of the Revised Code, the procedure for the transfer of the interest of the deceased owner shall be pursuant to section 5309.081 of the Revised Code.
§ 5302.23 TRANSFER ON DEATH CHARACTERISTICS
(A) Any deed containing language that shows a clear intent to designate a transfer on death beneficiary shall be liberally construed to do so.
(B) Real property or an interest in real property that is subject to a transfer on death beneficiary designation as provided in section 5302.22 of the Revised Code or as described in division (A) of this section has all of the following characteristics and ramifications:
(1) An interest of a deceased owner shall be transferred to the transfer on death beneficiaries who are identified in the deed by name and who survive the deceased owner or that are in existence on the date of the deceased owner’s death. If there is a designation of more than one transfer on death beneficiary, the beneficiaries shall take title in the interest in equal shares as tenants in common. If a transfer on death beneficiary does not survive the deceased owner or is not in existence on the date of the deceased owner’s death, and the deceased owner has designated one or more persons as contingent transfer on death beneficiaries as provided in division (B)(2) of this section, the designated contingent transfer on death beneficiaries shall take the same interest that would have passed to the transfer on death beneficiary had that transfer on death beneficiary survived the deceased owner or been in existence on the date of the deceased owner’s death. If none of the designated transfer on death beneficiaries survives the deceased owner or is in existence on the date of the deceased owner’s death and no contingent transfer on death beneficiaries have been designated or have survived the deceased owner, the interest of the deceased owner shall be distributed as part of the probate estate of the deceased owner of the interest.
(2) A transfer on death deed may contain a designation of one or more persons as contingent transfer on death beneficiaries, who shall take the interest of the deceased owner that would otherwise have passed to the designated transfer on death beneficiary if that named designated transfer on death beneficiary does not survive the deceased owner or is not in existence on the date of death of the deceased owner. Persons designated as contingent transfer on death beneficiaries shall be identified in the deed by name.
(3) The designation of a transfer on death beneficiary has no effect on the present ownership of real property, and a person designated as a transfer on death beneficiary has no interest in the real property until the death of the owner of the interest.
(4) The designation in a deed of any transfer on death beneficiary may be revoked or changed at any time, without the consent of that designated transfer on death beneficiary, by the owner of the interest by executing in accordance with Chapter 5301. of the Revised Code and recording a deed conveying the grantor’s entire, separate interest in the real property to one or more persons, including the grantor, with or without the designation of another transfer on death beneficiary.
(5) A fee simple title or any fractional interest in a fee simple title may be subjected to a transfer on death beneficiary designation.
(6) A designated transfer on death beneficiary takes only the interest that the deceased owner or owners held on the date of death, subject to all encumbrances, reservations, and exceptions.
(7) No rights of any lienholder, including, but not limited to, any mortgagee, judgment creditor, or mechanic’s lien holder, shall be affected by the designation of a transfer on death beneficiary pursuant to this section and section 5302.22 of the Revised Code. If any lienholder takes action to enforce the lien, by foreclosure or otherwise through a court proceeding, it is not necessary to join the transfer on death beneficiary as a party defendant in the action unless the transfer on death beneficiary has another interest in the real property that is currently vested.
(8) Any transfer on death of real property or of an interest in real property that results from a deed designating a transfer on death beneficiary is not testamentary.
Articles appearing herein are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek the advice of a licensed attorney.