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Florida Quitclaim Deed - Husband and Wife to Husband...

Orlando Florida Quitclaim Deed - Husband and Wife to Husband, Wife and an Individual

Name: Orlando Florida Quitclaim Deed - Husband and Wife to Husband, Wife and an Individual
Brand: US Legal Forms
Rating: 4.84 (433 reviews)

Category:

Florida Real Estate - Deeds - Warranty

State:

Florida

City:

Orlando

Control #:

FL-046-77

Format:

Instant download

Description

This form is a Quitclaim Deed where the Grantors are husband and wife and the Grantees are husband, wife and an individual. Grantors convey and quitclaim the described property to Grantees. Grantees take the property as joint tenants with the right of survivorship or as tenants in common. This deed complies with all state statutory laws.

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FAQ

The husband and the wife must receive title in the same deed or other instrument; The husband and the wife must receive the same interest; and. The husband and the wife must have equal right to control or possess the property.

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.)

To change the names on a real estate deed, you will need to file a new deed with the Division of Land Records in the Circuit Court for the county where the property is located. The clerk will record the new deed.

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.

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.

If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.

One good reason to add a spouse to the deed of your home is for estate planning purposes, which may allow the property to transfer to your spouse outside the probate process, depending on the transfer language utilized in the granting clause. Another reason is for creditor purposes.

You will need to have the quitclaim deed notarized with the signatures of you and your spouse. Once this is done, the quitclaim deed replaces your former deed and the property officially is in both of your names. You must record the deed at your county office.

The quitclaim deed would transfer title from the community or joint property to separate property. A quitclaim deed is legally binding. The transferring spouse eliminates his rights to the property after signing it.

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Do you need a quitclaim deeds Lawyer or attorney in Orlando, FL? This is partly to protect husbands and wives from having their homes sold or mortgaged out from under them without their knowledge.A quitclaim deed is a document that transfers ownership of real estate. Rather, they are only transferring whatever interest they have in the real estate (if any). A document that transfers an interest in real property between a husband and wife may be subject to documentary stamp tax. Husband and Wife were married in Orlando, Florida 15 years ago. According to the Florida constitution, in order to sell or mortgage your home, you must get your spouse to sign the deed or mortgage. Removing a name from a deed in Florida is a legal transaction that is best accomplished with help from a real estate attorney.

Orlando Florida Quitclaim Deed - Husband and Wife to Husband, Wife and an Individual

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