A new deed must be filed with the local clerk of court's office in order to change the name on a Florida deed, no matter the circumstances leading to the change. Marriages and divorces are some of the most common reasons to alter a deed in Florida. A death in the family may also necessitate a name change to a deed.
General Warranty Deed Changes
Get a Florida general warranty deed form, which is the form used to change the name on a deed from that of one individual, who has full ownership and rights to transfer the deed, to another individual, such as in the case of a property sale. Sample warranty deeds are available online at the Monroe County, Florida website and can also be purchased at office supply and stationery stores.
Quitclaim Deed Changes
Use a quitclaim deed form, such as the sample provided by the Brevard County Clerk's Office, when changing the name on a deed to someone who the current deed-holder knows well or to remove a name from a deed in the case of a divorce. Unlike the general warranty deed, a quitclaim deed form does not guarantee free and clear rights to the property because the person to whom the deed is being transferred should already be aware of the property’s standing.
Read More: How to Make a Free Quitclaim Deed
Documenting Deed Changes
Get the deed notarized. Deeds are not valid if they have not been witnessed by a notary public according to the Lee County Clerk's Office. When a deed is completed, file the form with the land registry or county clerk's office in the county where the property is located. Once the notarized form is filed with the county, the change in ownership is considered legal.
Locating Forms for Filings
Florida general warranty deed and quitclaim deed forms can be purchased at office supply stores in the state or found online at legal form websites. Many clerk of court's offices also supply sample forms with the caution they are for reference only. A real estate professional, such as a title or escrow agent, may also provide the form and file it for a fee.
Consider the Consequences
Adding an individual to a deed in Florida may prove easier than trying to remove them later on. Ensure that you understand the ramifications of the name change you plan to make to a deed before executing it, as reversing or removing a name may not sit well with the other party and you can't unilaterally remove an entity from a deed. Seek advice from a Florida real estate attorney when deciding on matters of title, such as changing a name on a deed.
- Broward.org: Deeds
- The Law Dictionary: Adding A Name To A Property Deed
- Legal Beagle: How to Transfer Real Property After Death in the State of Florida
- Legal Beagle: How to Transfer a Home Deed of a Deceased Person in Florida
- Legal Beagle: Differences Between a Warranty Deed & a Special Warranty Deed
- Legal Beagle: How to Make a Free Quitclaim Deed
- Florida General Warranty Deed and Quitclaim Deed forms can be purchased at office supply stores in the state or online at such websites as FindLegalForms and USLegalForms.
- You could prepare a deed on your own, but you will be well served to do so through an attorney. This prevents any lingering legal issues over an incorrectly filled out deed.
This article was written by Legal Beagle staff. If you have any questions, please reach out to us on our contact us page.