Legal Question in Real Estate Law in Florida

Deed Form

In order to add my wife's name to a property deed, which at present is solely in my name, do I use a ''quick claim deed'' or ''warranty deed''?

Thank you.


Asked on 1/20/06, 11:01 am

2 Answers from Attorneys

Frederick Graves Jurisdictionary

Re: Deed Form

Quitclaim deed. You want to be certain the form is completed in such a way that you do not miss Florida's homestead and tenants by the entireties advantages for married couples. I can prepare this form for a small fee (chargeable to your credit card), if you call today. 866-Law-Easy

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Answered on 1/20/06, 11:26 am
Frank J. Pyle Probate Attorney Throughout Florida

Re: Deed Form

A warranty deed is preferable to a QUIT-Claim deed, if you wish to preserve your title insurance. However, you need to be aware that recording such a deed (assuming you have prepared it and executed it correctly - a large assumption) may result in reassessment by the county property tax appraiser. Further, if there is a mortgage on the property, you will owe documentary stamps upon recording of $7 per $1000 of the balance on your mortgage. You really ought to contact an attorney on this.

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Answered on 1/20/06, 12:08 pm


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