How Is Someone Removed From a Deed in Florida?

To remove someone from a Florida deed, that person signs a new deed transferring their interest to the remaining owners. A name cannot be removed without the owner's signature unless a court orders it or the owner has died.

This is usually done with a quitclaim deed and sometimes with a warranty deed.

1. Choose the Deed Type

• Quitclaim deed: the simplest and most common method. The person being removed signs over whatever interest they have, without title warranties.

• Warranty deed: includes promises about the title. Less common for removing a name, but sometimes requested.

2. Prepare the New Deed

• Drafting: the deed states the transfer from the person being removed (grantor) to the remaining owners (grantees).

• Legal description: copied exactly from the current deed.

• Form of ownership: the deed should state how the remaining owners will hold title.

3. Sign the Deed

The person being removed signs before two witnesses and a notary public. Florida requires two witnesses for a valid deed and notarization for recording.

4. Record the Deed

• Clerk of court: the deed is recorded in the county where the property is located, which gives public notice of the change.

• Documentary stamp tax: due on the consideration for the share transferred, including that share of any mortgage balance. Transfers of the marital home under a divorce are exempt.

Special Cases

• Divorce: see removing a spouse after divorce.

• Death: see removing a deceased person from a deed.

• Refusal: if a co-owner will not sign, a partition action in court may be the only option.

Removing a name from a deed does not remove that person from the mortgage. Schedule a consultation to start.