Legal Question in Real Estate Law in Florida

Re: Transfer of deed from single woman to spouse

All property shared by married individuals is NOT automatically owned jointly. If in one name at death, it will be subject to the probate process. If you have children, whether his or not, unless you leave the property to him in a valid will, he would receive only a life estate in the home, could not sell the property, and at his death it would belong to the children. If you have minor children, it would pass that way even if you tried to leave it to him in a will. All of that through probate, of course. If you want the home to pass to him at death "automatically", you need to deed it to both of you. Since you are married, it would then automatically be held as tenants by the entirety, meaning the survivor would own it all. When you record such a deed, even through it is a gift, the recording office will charge you documentary stamps of $7.00 per thousand of the balance of your mortgage. If no mortgage, the documentary stamps should be on 70 cents. Please have an attorney prepare such a deed. I spend countless hours and clients' money straightening out "do-it-yourself" deeds and wills.