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ANSWER: YES, but keep in mind that if youre still married at the time of the closing, your spouse will own half of the home and must sign on the title.
Florida Deed Requirements: Validity and Recording 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 a Florida divorce a pre-existing house is normally not marital property and therefore is not divided. One exception is if marital funds are used to pay down a mortgage, docHubly improve the house, or are used to refinance the house.
One of the easiest and most common ways to transfer property rights to another party in Florida is through the use of a quit claim deed. This type of deed conveys the interest you have in a property without providing any warranties or guarantees about the interest you are conveying.
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.
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The three most common types of deeds are: Grant Deeds. Quitclaim Deed. Warranty Deed.
In Florida, if you are married you can buy a residence without your spouse, but if this residence is your primary residence, your spouse will have to sign the mortgage even if you are only getting the loan in your name.
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.
Filing a Deed in Florida The comptrollers office charges a small fee for the deeds filing in the form of a documentary stamp tax, levied at 70 cents per $100 of the sale or transfer amount. There will also be a $10 fee for the first page of the document and $8.50 for each additional page.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.

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