Prepare the transfer deed based on the needs of the parties (i.e.However, they should all be verified before being relied upon. Information such as the rightful current owners, the legal description and the parcel identification number can be located on the prior deed. Hire an attorney to review the prior deed to be used in the preparation and drafting of the new deed.In Florida, there are three main steps involved in successfully adding a name to a deed. Perhaps it’s the ease with which transfer deeds are effectuated that makes them so attractive to those who practice legal self-help. It is most commonly used in informal or familial transfers of property and simply stated the transferor is conveying whatever ownership she or he may or may not have in the subject property. Since these prior types of deeds require some form of background verification to confirm the warranties being conveyed, they are more desirable in formalized purchases and other arm’s length transactions.Ĭonversely, the Quit Claim deed provides no guarantee of ownership or legal authority to transfer the property held by the transferor. However, this type of deed does not protect against any transfer prior to the transferee obtaining the property. The Special Warranty deed, however, provides a limited type of warranty assuring the transferor that the transferee has not conveyed the property to anyone else during this transaction. The General Warranty deed involves a guarantee from the transferor to the transferee that she or he owns the subject property, that they have the legal right to transfer the property and that no other owners exist. There are three main types of deeds utilized in Florida, namely a General Warranty Deed, a Special Warranty deed and, perhaps the most commonly used amongst DIYers, a Quit Claim Deed. This typically requires a nominal fee for recording and may incur transfer taxes depending on the nature of the transfer. Upon completion of proper execution of the deed, it must then be recorded with the Clerk of the Circuit Court for the county in which the property sits. The notary may act as one of the two needed witnesses. This information may be easily located on the county’s property appraiser’s website.įurther, to ensure the validity of a transfer deed, it must be signed by all current owners while in the presence of two independent witnesses and a notary. § 689.02, all transfer deeds must include the property’s Parcel ID number in the legal description. In addition to identifying the parties to the transfer and the specific property being transferred (usually via the legal description and the physical address), deeds require particular information to be considered valid in Florida.įor example, according to Florida Stat. Transfer deeds are always used when purchasing a property from others. The question remains, if you won’t treat a broken bone without seeking the help of a doctor, why “cut and paste” your way through a legal document that carries such serious impacts?Ī deed is a document that allows an owner to transfer all or a portion of ownership in property to another person. Ultimately, despite common practice, changing the name on a deed should not be approached or considered without first consulting a licensed and experienced real estate attorney. While this may be a viable option after weighing alternatives with an attorney, there are several negative issues that may arise and need to be considered. Similarly, families regularly add members to deeds in efforts to “avoid probate”. In such a case, the client has two options – first, sue the ex-friend in an attempt to remove them from the deed, which is definitely expensive and not entirely guaranteed, or second, ask the individual to execute another deed granting the property back to you, which may prove easier said than done. Oftentimes, real estate lawyers are hired to fix the mistakes of those who “Googled” their way through adding a relative or friend to their deed only to find out they’ve placed themselves at a severely negative legal disadvantage.Īlternatively, clients sometimes find themselves having hastily, although legitimately, adding a non-relative such as a friend, girlfriend or boyfriend to a deed only to realize how difficult it is to undo after the relationship falls apart. This is particularly the case in reference to adding or removing individuals to and from deeds to real property in Florida. Self-help and legal DIY projects are always highly discouraged.
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