Benewah County Warranty Deed (Two Grantors) Form

Idaho writes a two-signature rule into its community property law: under Idaho Code Section 32-912, neither spouse may sell, convey, or encumber community real estate unless the other spouse joins in executing the deed. This Idaho warranty deed is built around that joint execution pattern: it recites two grantors, carries a signature line for each, and closes with an acknowledgment certificate for each signer, conveying Idaho real property to the named grantee with full general warranty covenants.

Two grantors, two signatures, two certificates

The grantor section carries two blocks, one per owner, each matching the name on the recorded vesting deed. Married couples deeding community real estate present the configuration most often, and the joinder both statutes contemplate appears on the face of the document: Section 32-912 for community real estate generally, and Idaho Code Section 55-1007 for a married person's homestead, where spousal consent is evidenced by each spouse executing and acknowledging the instrument. Unmarried co-owners present the same pattern; under Idaho Code Sections 55-104 and 55-508, two people who took title without survivorship language hold as tenants in common, and a pair of tenants in common conveying their whole title in one instrument sign it together the same way.

Each grantor's acknowledgment stands on its own certificate, in the wording of Idaho's statutory short form under Idaho Code Section 51-116, so the two signers are free to appear before different notaries, on different dates, or in different states; the completed example shows one grantor acknowledging a day after the other. An operative sentence in the deed states that each grantor joins in every conveyance, covenant, and warranty it contains, so the promises run from both signers rather than from either alone. The form recites exactly two grantors in individual capacity; a conveyance by a sole owner, by an entity, or by three or more co-owners follows a different signature architecture than this document carries.

Full covenants where the statute implies only two

Idaho has no statutory deed form, and Idaho Code Section 55-612 attaches only a narrow pair of implied covenants to the word grant: no prior conveyance of the same estate by the grantors, and no encumbrances of the grantors' own making. This deed goes beyond the implied pair and spells its general warranty out: the grantors covenant that they are seized in fee simple, that they hold the right to convey, that the property is free of encumbrances apart from the matters listed in the deed's exceptions section, that the grantee will enjoy quiet possession, and that the grantors will warrant and forever defend the title against the lawful claims of all persons. The exceptions section marks the covenant boundary, and the example fills it with a subdivision plat's easements and an outstanding deed of trust identified by instrument number.

One flat fee, no transfer tax, a race to the record

The completed deed is presented to the county recorder where the land lies. A deed of thirty pages or fewer records for a flat fifteen dollars under Idaho Code Section 31-3205, and no transfer tax return or consideration declaration exists to file, because Idaho Code Section 63-307A sets a state policy against real estate transfer taxes and keeps counties from adopting their own. Idaho Code Section 55-601 puts one content rule on the deed's face, the grantee's name with a complete mailing address, and the race notice priority rule of Section 55-812 rewards prompt recording: an unrecorded deed loses to a later good faith purchaser for value who records first. The first page keeps its top three inches clear, room for the largest recording stamp box published by the Idaho county recorder pages checked for this form.

The package holds three pieces: the two-grantor warranty deed as a blank fillable PDF, a completed example showing every entry for a realistic Canyon County sale, and a plain language guide covering each numbered section, the ways Idaho law lets grantees hold title, the community property and homestead signing rules, and the recording steps. The materials are informational and are not legal advice.