The deed is official once you pay the filing fee. Do not sign the form. Florida General Warranty Deed forms may also be available at your county courthouse or office supply stores. The Deed is then recording in the public records for the county in which the property is located along with paying the appropriate recording and transfer taxes.The amount of transfer taxes due will vary depending on several factors, including, but not limited to, the intent of the transfer, whether or not there is a mortgage on the property, and if the grantee (the party being added to the deed) is paying the grantor for an ownership interest in the property. (Please note, once you add someone to a Deed, you can’t remove them from title – unless, they agree to deed the property back to you.). Lost or Misplaced Deeds – Do You Need Your Original Deed When You Sell Your Home or Refinance? Before adding your spouse to the deed, speak with your attorney. The three steps to adding a name to a Florida deed are as follows: Please fill out the “Talk With An Attorney” form above to ask a question or you can call us at 954-458-8655. Read your mortgage documents to determine if the lender placed a "due on sale" clause which limits you from conveying any ownership, also called "interest," to any other party. 2. A quitclaim deed doesn't guarantee that the seller owns the house without legal encumbrances; that requires a more complex legal document than a quitclaim deed. Florida state legal statutes allow homeowners to add other parties, such as new spouses, relatives or business partners, to a deed through their county's deed assessor or property records office. The easiest way to grant your spouse title to your home is via a quitclaim deed (Californians generally use an interspousal grant deed). 3. Sign the deed form in the presence of the notary to receive the raised seal that proves the notary witnessed the agreement. Florida State Statues: Title XL - Chapter 689 Conveyances of Land and Declarations of Trust. In many states -- not sure about Florida -- it also means that your house can be seized by your husband's creditors, including IRS … Treadwell provides content to a number of prominent organizations, including Wise Bread, FindLaw and Discover Financial. File the deed form at your county's deed assessor or property records department. We promise to get back to you promptly. That means that you cannot change your mind later. We recommend you consult with an experienced real estate lawyer for professional advice as each circumstance is unique. Complete the form with the date, your name, the name of the person you are adding to the deed and the address of the property, including the county in which the property is located, the lot number and the parcel number. Quitclaim Deed. That answer is no. Copyright © 2020 HallandaleLaw.com. How to Remove a Deceased Person’s Name from a Deed. All Rights Reserved. Only the granting party is required to sign the deed. Adding a Spouse’s Name to Real Estate. 1. Ownership of real estate is evidenced by a “deed”. Changing The Ownership of Florida Real Estate. Download a blank copy of the Florida General Warranty Deed form from your county's deed assessor or property records department. Pay the filing fee, which is $25 to $40 depending on your county. Can You Sell or Refinance Your Home in Florida If You Have A Judgment Against You. Also, obtain a copy of the title for each piece of property. Note: A deed is an instrument used to transfer ownership (title) to another person. Once your lawyer prepares the new deed, the grantor (the current owner or the party transferring an interest in the property) simply signs the new Deed in the presence of two witnesses and has their signature notarized. Florida law is always changing. One exception is if marital funds are used to pay down a mortgage, significantly improve the house, or are used to refinance the house. This is more than just adding his name to a piece of paper: you are giving away 1/2 of your house, and this gift is irrevocable. Once your lawyer prepares the new deed, the grantor (the current owner or the party transferring an interest in the property) simply signs the new Deed in the presence of two witnesses and has their signature notarized. Also, these steps apply whether or not the deed is a quit claim deed or a warranty deed. If you are unable to locate either, your attorney can obtain those items free of charge. These articles are for informational purposes only and should not be relied upon as legal advice. As a high school student, she offered financial literacy lessons to fellow students. You May Also Be Interested in These Popular Real Estate Closing Topics (Most requested real estate information by our clients): Address: 2100 E. Hallandale Beach Blvd Suite 200 Hallandale Beach, Florida 33009. Helping clients with real estate matters since 1994, If you want to change a deed or add someone to a deed (a new spouse, child, other family member, or significant other), that can normally be accomplished in 3 easy steps. A deed for a house provides ownership information about the property, including the location and names of the owners. Go to a notary public to have the document notarized. Therefore, we strongly recommend talking with an experienced Florida lawyer to learn your rights. Florida state legal statutes allow homeowners to add other parties, such as new spouses, relatives or business partners, to a deed through their county's deed assessor or property records office. A quit claim deed is typically used to create new ownership of property, such as by adding your spouse's name to your home's title. In a Florida divorce a pre-existing house is normally not marital property and therefore is not divided. Ask now. However, property that is encumbered by a mortgage requires you to receive the permission of the lender before you can add someone. Both parties must provide the notary with photo identification, such a driver's license or passport. This new document transfers ownership of the property from the spouse who currently owns the property, to that spouse and the new spouse together. With a quitclaim deed, you can name your spouse as the property’s joint owner. Provide your attorney with a prior deed or legal description for the property. Frequently Asked Questions Regarding Real Estate Closings, 3 Common Forms of Ownership of Florida Real Estate, 7 Things to Know About Real Estate Inspections. If you are unable to locate either, your attorney can obtain those items free of charge. This field is for validation purposes and should be left unchanged. 2. Provide your attorney with a prior deed or legal description for the property. Lauren Treadwell studied finance at Western Governors University and is an associate of the National Association of Personal Financial Advisors. To learn more from Larry Tolchinsky and to see all of the real estate matters he can help with, read his Real Estate Lawyer page. If so, you must contact the lender to receive permission to add someone to the deed. 3. Related: Partition In Florida – Lawsuits To Divide Up Jointly Owned Real Estate. Please fill out the “Talk With An Attorney” form above to ask a question or you can call us at 954-458-8655. We promise to get back to you promptly. The easiest way to add a spouse to the title of a home is with a quitclaim deed — a document used for a no-warranty transfer of real property from a grantor to a grantee. 1. One frequently asked question about changing a deed is whether or not the person who is being added to deed has to sign. However, property that is encumbered by a mortgage requires you to receive the permission of the lender before you can add someone. Some forms of title, such as joint tenancy with right of survivorship, indicate who the property should go to after death. The Deed is then recording in the public records for the county in which the property is located along with paying the appropriate reco… This is only a general description of what is required to change or add a name to a deed. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. You need to be careful about "adding" your husband's name to the deed to your house. “Adding someone to a deed” means transferring ownership to that person. Adding a spouse as an owner requires the preparation, signing, and recording (filing) of a new deed.