Florida Lady Bird Deed

A general warranty deed covers title defects from any time. A special warranty deed covers only the seller's period of ownership.

No. Florida has no statutory beneficiary or TOD deed for real estate. A lady bird deed gives the same result and avoids probate.

The departing spouse usually signs a quitclaim deed to the other spouse, as the divorce judgment or settlement directs.

A warranty deed is a Florida deed that transfers ownership with promises, called covenants or warranties, about the title. The grantor promises that the grantor owns the property, has the right to sell it, that it is free of encumbrances other than those listed in the deed, and that the grantor will defend the title against lawful claims. If a covered title problem appears, the buyer can look to the grantor.The Statutory Warranty DeedFlorida law provides a short statutory warranty deed form. When a deed uses the words "fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever," the law reads in the full set of general warranties. That is why a Florida general warranty deed can be only one or two pages long.Types of Warranty DeedsGeneral warranty deed: The grantor's promises cover the entire history of the title, including problems that arose before the grantor owned it. Commonly used in Florida home sales.Special warranty deed: The grantor's promises cover only problems that arose while the grantor owned the property. Common in commercial sales, bank sales after foreclosure, and sales by builders, estates, or trustees.Key DifferencesFeatureGeneral Warranty DeedSpecial Warranty DeedWarranty periodEntire history of the titleGrantor's ownership onlyBuyer protectionBroadestLimitedCommon useResidential salesBank, commercial, builder, and estate salesGrantor liabilityCovered defects from any periodCovered defects from the grantor's ownershipWarranty Deeds and Title InsuranceA warranty is only as good as the grantor's ability to pay a claim. That is why most Florida buyers also buy an owner's title insurance policy. Title insurers issue policies after a title search, whichever deed is used.When a Warranty Deed Is UsedHome sales: buyers and lenders usually expect a general warranty deed.Bank and foreclosure sales: sellers that never lived in the property usually give a special warranty deed.Commercial sales: special warranty deeds are common, with title insurance covering earlier periods.Family transfers: a warranty deed can be used, but a quitclaim deed or lady bird deed is more common, since the grantor may not want to take on warranty liability to relatives.QuickDeeds prepares general and special warranty deeds for a $350 flat fee.

Usually yes. Federal law generally bars lenders from calling a home loan when a spouse is added. Doc stamps may still apply.

In Florida, undue influence happens when someone pressures or manipulates a property owner into signing a deed that does not reflect the owner's true wishes. To decide whether undue influence occurred, courts look at factors including:Confidential relationship: a close relationship of trust, such as between a caregiver and an elderly person.Isolation of the grantor: the owner was cut off from family or advisors.Involvement in the deed: the person who benefits helped prepare the deed or arranged the signing.Vulnerability: the owner was ill, elderly, or mentally impaired.Unusual result: the transfer heavily favors one person, especially if it departs from earlier plans.No independent advice: the owner had no independent attorney or advisor review the deed.ExamplesCaregiver: an elderly woman deeds her home to her caregiver, who arranged the deed, kept family away, and told her the transfer was what she needed.Family pressure: a man with early signs of dementia is pressured by one child to deed property only to that child. The child drafts the deed and has him sign without a lawyer.Financial dependence: a relative who supports an owner financially convinces the owner to transfer property in exchange for continued support.Anyone who suspects a deed was signed under undue influence should speak with a Florida real estate or probate attorney promptly. Related: what courts examine in undue influence cases.

A valid Florida quitclaim deed does not expire. The transfer is permanent once the deed is signed, delivered, and accepted.

QuickDeeds charges a $350 flat fee. Recording is $10 for page one and $8.50 per extra page. Doc stamps depend on the consideration.

It depends on how title was held. Survivorship owners often record a death certificate. Other cases may need probate.

Sign a quitclaim or warranty deed to give it now, or use a lady bird deed to pass it at death while keeping control.

Tenants by the entirety is a form of ownership available only to married couples in Florida and some other states. The law treats the couple as a single unit, so each spouse owns the whole property rather than a separate share. It includes the right of survivorship, so when one spouse dies, the surviving spouse owns the property without probate.In Florida, a deed to a married couple is generally presumed to create a tenancy by the entirety. A spouse who owns property alone can create one by deeding it to both spouses.Its main feature is protection from creditors of only one spouse. A creditor with a judgment against just one spouse generally cannot reach property held this way. Debts owed by both spouses together are not protected.For example, John and Sarah, a married couple, buy a home as tenants by the entirety. If John dies, Sarah becomes the sole owner without probate. While they are married, a judgment creditor of only John or only Sarah generally cannot force a sale of the home.If the couple divorces, Florida law converts the ownership to a tenancy in common.Pros:Protection from creditors of only one spouse.Designed to pass to the surviving spouse without probate.Neither spouse can sell or mortgage the property alone.Cons:Only for married couples.Joint debts and some federal tax liens can still reach the property.Both spouses must sign to sell or refinance.Becomes a tenancy in common on divorce.

File the signed, witnessed, notarized deed with the clerk in the county where the property sits. Pay recording fees and doc stamps.