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Andrew David Easler, Esq. Published January 11, 2025

How Is Someone Added to a Deed in Florida?


The current owner signs a new deed giving part ownership to the other person, before a notary and two witnesses. The deed is then recorded with the county clerk.

Adding someone to a Florida deed means the current owner signs a new deed that gives part ownership to another person. The process is short, but it has legal and tax effects that cannot be undone without the new owner's signature.

Steps

  1. Get the current deed. The new deed must match the legal description and current owner names in the county records.

  2. Choose the deed type. A quitclaim deed transfers ownership without title warranties and is common between family members. A warranty deed promises good title.

  3. Choose the form of ownership. Options are tenants in common, joint tenancy with right of survivorship, or tenants by the entirety for spouses. In Florida, a deed to two unmarried people creates a tenancy in common unless it expressly states a right of survivorship.

  4. Sign. The current owners sign before a notary and two witnesses.

  5. Record. The deed is recorded with the clerk of court in the county where the property is located, and recording fees and documentary stamp tax are paid.

Adding a Spouse

A spouse is usually added with a deed from the owner to the owner and spouse, which creates a tenancy by the entirety. Federal law generally bars the lender from calling the loan when a spouse is added to an owner-occupied home. A transfer of homestead between spouses is exempt from doc stamps when the only consideration is the mortgage. Adding a spouse does not reset the Save Our Homes cap. See adding a spouse when there is a mortgage.

Adding a Child, Partner, or Friend

  • Doc stamps: a mortgage balance counts as consideration, so tax can be owed on the share transferred even when no cash changes hands.

  • Gift tax: a share worth more than $19,000 (2026) generally requires IRS Form 709. Tax is rarely owed.

  • Tax basis: the new owner takes the giver's basis for the gifted share instead of a stepped-up basis at death.

  • Property taxes: the Save Our Homes cap generally continues while the original owner keeps the homestead. See adding someone and property taxes.

  • Loss of control: every owner must sign to sell or refinance, and any co-owner can file a partition action to force a sale. The new owner's creditors or divorce can also reach the share.

  • Mortgage: the loan stays in the original borrower's name. Adding a non-spouse can give a lender the right to call the loan in some cases.

An Alternative

Owners who only want someone to receive the home at death can use a lady bird deed instead. The owner keeps full control and the beneficiary gets nothing until death.

Cost

QuickDeeds prepares the deed for a $350 flat fee and prepares it within 1 to 2 days after the consultation.

Disclaimer: This content is for informational purposes only and is not legal advice. No warranties on completeness, accuracy, or suitability. Always consult an attorney for personal guidance.

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