Miami-Dade Florida Warranty Deed from Husband and Wife to Husband and Wife

State:
Florida
County:
Miami-Dade
Control #:
FL-017-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the grantors are husband and wife and the grantees are husband and wife. Grantors convey and warrant the described property to grantees less and except all oil, gas and minerals, on and under the property owned by Grantors, if any, which are reserved by Grantors. This deed complies with all state statutory laws.

A Miami-Dade Florida Warranty Deed from Husband and Wife to Husband and Wife is a legal document that transfers property ownership from a married couple to themselves, ensuring the property's title is free and clear of any potential issues or claims. This type of warranty deed is commonly used when both spouses hold ownership rights to a property and wish to reaffirm their joint ownership. It provides assurance that the property's title is valid and guarantees the spouses' ownership interests remain intact throughout the transfer. The Miami-Dade Florida Warranty Deed from Husband and Wife to Husband and Wife typically includes important information, such as the names and signatures of both spouses, property description, warranty clause stating the property is free from encumbrances, consideration or payment made for the transfer (if any), witnesses, and a notary acknowledgment. It's worth noting that while this type of warranty deed is straightforward, there may be variations depending on specific circumstances or requirements. Some common types include: 1. Enhanced Life Estate Deed: This type of deed, also known as a Lady Bird Deed, allows the property-owning spouses to retain control over their property during their lifetime and transfer it to their partner or another designated individual upon their death, avoiding probate. 2. Quitclaim Deed: This type of deed is often used in situations where the transferring spouses do not guarantee the property's title but simply give up any ownership claims they may have. It offers the least amount of protection for the receiving spouse. 3. Joint Tenancy with Right of Survivorship Deed: This deed establishes joint ownership between spouses, where the property passes automatically to the surviving spouse upon the other spouse's death. It ensures a smooth transfer of ownership without the need for probate. 4. Tenancy by the Entire ties Deed: This type of deed is specifically for married couples and provides them with protection against individual spouse liabilities. It requires both spouses to agree on any decision related to the property and prevents creditors from seizing the property for the debts of one spouse. It's essential to consult with a qualified attorney or real estate professional when creating a Miami-Dade Florida Warranty Deed from Husband and Wife to Husband and Wife to ensure compliance with local laws and to address any specific needs or concerns related to the property transfer.

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FAQ

Holding Title as a Married Couple In Florida, married couples can own a title in the form of a Tenancy by the Entirety, where each spouse is the owner of the entire property.

Joint Tenancy Two or more people, including spouses, may hold title to their jointly owned real estate as joint tenants. There is a so-called ?right of survivorship,? which means that when one dies, the property automatically transfers to the survivor without the necessity of probating the estate.

Sometimes, however, the home may be owned in one spouse's name alone, or perhaps in one of the spouse's trusts alone. In that situation, even though the surviving spouse's name is not on the deed, the surviving spouse has rights to that property under Florida's constitution.

How do I add my new spouse to my existing home? ANSWER: You may add them to the title of the home through a process called a Quit Claim Deed. Here in Florida, you can a quit claim deed from any title company, real estate attorney or family law attorney.

The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state's legal regulations, to help avert any legal challenge to the deed later.

Typically, when married couples are listed under the real estate title as ?husband and wife? a tenancy by the entireties is presumed. At the death of one spouse, the real estate interest passes automatically to the surviving spouse by operation of law similarly to the joint tenancy with right of survivorship.

The deed must be in writing; The deed must be signed by the transferor (the current owner) of the property or his or her duly authorized agent or representative; The deed must be signed in the presence of two witnesses, each of whom must also sign the deed.

In the state of Florida, spouses who purchase residential real estate as married individuals for must both be on the title of the home, regardless of whether one or both spouses are responsible for the mortgage payments.

(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.)

Common ways for Individuals to Hold Title in Florida Real Estate Sole Ownership of Residential Real Estate.Tenancy in Common of Residential Real Estate.Joint Tenancy with Right of Survivorship in Real Estate Transactions.Tenancy by the Entirety in Residential Real Estate Transactions.

More info

A Florida quitclaim deed form (also known as quit claim deed) allows you to transfer property without a warranty of title. Get a deed in minutes.The Office of the Property Appraiser reviews all ownership changes, properly recorded in the Clerk of Courts Recorder's Office. When a taxable document is not recorded, the tax must be paid directly to the Florida Department of Revenue. Reference: Chapter 201, Florida Statutes. In miami dade county where a deed remove the deeds in. You can view and download these forms at the Florida Department of Revenue website. 3. The Clerk cannot assist with completing forms. We suggest that you contact a professional who is experienced with preparing a deed to assist you. Mailed To: Scott Abraham.

PO Box 471 Tallahassee, FL 32. 4. When completing a Quitclaim Debts and Remedies form, it will come up as two separate documents. After payment, the form is completed but not marked. After receiving payment, payment can be marked on the form. In this instance you have a “paid” title. The Clerk can then send you a certified copy of the deed form. 5. An unpaid, invalidation is when a tax roll is incorrectly added to the title. The Tax Office does not issue tax roll cancellations. If the form is incomplete or has errors, or the title is invalidated, the Tax Office will require proper documentation. The following are required on the “paid” title: — Notice of Tax Return (a form 535) — Credit×Refund Notice (a form 534) — Payment due (a form 536) — Certificate of Sale (a form 537× 6. Title in a “paid” condition: The Tax Office can issue title in “paid condition” for a period of three years from the date of the final tax payment.

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Miami-Dade Florida Warranty Deed from Husband and Wife to Husband and Wife