Legal Question in Real Estate Law in Florida

My grandfather is moving in to assisted living and would like to add me to the deed for his house. We are both in Florida. I am wondering, does my husband need to be listed on the deed as well? Since I am married the form has a space for his name, can I just draw a line through that area and not list him?

Asked on 7/14/13, 5:34 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Get some legal advice as adding a party, anyone, has implications for homestead rights, etc. The cost of the attorney to review the details will be well worth protecting all parties. Your husband does not have to be on the deed. The deed must be from the current owner to the new parties and there may be an income tax impact of doing that. The new owners need to be clearly defined in terms of survivorship or tenants in common.

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Answered on 7/14/13, 6:32 pm

William Gwaltney William W. Gwaltney, Attorneys at Law

Mr. Stein is absolutely correct. You and your father should consult with an attorney before doing anything. A good real estate attorney or en estate planning attorney should be able to help you out.

I always ask, WHY, does he want you on the deed? It is important to know what the desired outcome is from placing you on the deed, and for you to know what liability you and/or your father face by placing you on the deed. There may be additional methods to accomplish what you are trying to accomplish that reduce or limit the liability.

If your father is entering into an assisted living facility and is being considered for Medicaid, the transfer of property (even partially) MAY impact his eligibility. Please pay for a one hour consultation with an experienced attorney. You may be surprised at what you learn.

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Answered on 7/15/13, 6:23 am

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