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3 Steps to Adding a Name to a Deed

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3 Steps to Add a Name to a Florida Deed

Helping clients with real estate matters since 1994

Changing The Ownership of Florida Real Estate

If you want to change a deed or add someone to a deed (a new spouse, child, other family members, or significant other), that can normally be accomplished in 3 easy steps. (Please note, once you add someone to a Deed, you can’t remove them from the title – unless, they agree to deed the property back to you or you force the sale of the property via a partition lawsuit.)

The three steps to adding a name to a Florida deed are as follows:

1.    Provide your attorney with a prior deed or legal description for the property.  If you are unable to locate either, your attorney can obtain those items free of charge.

2.    Once your lawyer prepares the new deed, the grantor (the current owner or the party transferring an interest in the property) simply signs the new Deed in the presence of two witnesses and has their signature notarized.

3.    The Deed is then recording in the public records for the county in which the property is located along with paying the appropriate recording and transfer taxes (documentary stamps). The amount of transfer taxes due will vary depending on several factors, including, but not limited to, the intent of the transfer, whether or not there is a mortgage on the property, and if the grantee (the party being added to the deed) is paying the grantor for an ownership interest in the property.

One frequently asked question about changing a deed is whether or not the person who is being added to deed has to sign. That answer is no. Only the granting party is required to sign the deed. Also, these steps apply whether or not the deed is a quitclaim deed or a warranty deed.

This is only a general description of what is required to change or add a name to a deed. We recommend you consult with an experienced real estate lawyer for professional advice as each circumstance is unique.

(Please note, the fee for our office to add someone to your deed is $650.00, plus recording costs and documentary stamps – recordings costs are normally less than $50.00.)

Related: Partition In Florida – Lawsuits To Divide Up Jointly Owned Real Estate

Want to Know More?

To learn more from Larry Tolchinsky and to see all of the real estate matters he can help with, read his Real Estate Lawyer page.


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