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ANSWER: The are only two ways to remove a spouse from the responsibility for a mortgage: 1) Refinancing or 2) Selling the home. Either of these options will ensure that the shared financial responsibility of the mortgage debt is also separated.
(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.)
Generally, both spouses should be titled in the deed of the familys primary residence (homestead), a second home, or even a vacation home. Different forms of joint ownership permit couples to hold the title of property in Florida, including tenancy by the entirety.
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.
If the wifes name is not on the deed, it doesnt matter. Its still marital property because it was bought during the marriage. This makes it marital property and is still split between both parties. The wife is entitled to receive either equal share or equitable share of the house.
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Add Name to House Deed in Florida Download a blank copy of the Florida General Warranty Deed that is available from your countys deed assessor, county courthouse or property records department. Complete the form. Get the form docHubd in person with the person being adding to the deed.
Its usually a very straightforward transaction, but its possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
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.
Sometimes, however, the home may be owned in one spouses name alone, or perhaps in one of the spouses trusts alone. In that situation, even though the surviving spouses name is not on the deed, the surviving spouse has rights to that property under Floridas 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.

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