How To Remove Someone from a Deed in Florida?

To remove someone from a deed in Florida, you need to execute a new deed that transfers the interest of the person being removed to the remaining property owner(s). Given the legal implications and potential complexities, consulting with a real estate attorney is advisable. An attorney can ensure the deed is properly drafted, executed, and recorded and can provide guidance on any tax implications or additional requirements.

This process typically involves using a quitclaim deed or a warranty deed. Here are the steps to follow:

1. Determine the Type of Deed:

• Quitclaim Deed: This is the simplest and most common method. It transfers the grantor's interest without warranties, meaning the person being removed signs over their interest to the remaining owner(s).

• Warranty Deed: This guarantees the title is clear and free from encumbrances. It is less commonly used for removing someone from a deed but may be required in certain situations.

2. Prepare the New Deed:

• Drafting the Deed: The new deed must be drafted, clearly stating the transfer of interest from the person being removed (grantor) to the remaining owner(s) (grantee).

• Legal Description: Ensure the deed includes the correct legal description of the property, as found on the original deed.

3. Execute the Deed:

• Signing: The person being removed (grantor) must sign the new deed in the presence of a notary public. In Florida, two witnesses are also required to sign the deed.

• Notarization: The deed must be notarized to be legally valid.

4. Record the Deed:

• County Recorder’s Office: The new deed must be recorded in the county where the property is located. Recording the deed provides public notice of the change in ownership.

• Documentary Stamp Tax: Pay any required documentary stamp taxes based on the value of the interest being transferred.

Steps in Summary:

1. Decide on the type of deed to use (quitclaim or warranty).

2. Prepare the new deed with accurate legal descriptions.

3. Have the grantor sign the deed in the presence of a notary and two witnesses.

4. Record the deed with the county recorder’s office and pay any applicable taxes.

5. Consult a real estate attorney to ensure all legal requirements are met.

Removing someone from a deed in Florida involves executing a new deed (typically a quitclaim deed), having it signed, notarized, and witnessed, and recording it with the county. Consulting a real estate attorney is essential for navigating the process correctly.