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Warranty Deed to Separate Property of one Spouse to both as Joint Tenants - Florida

Warranty Deed to Separate Property of one Spouse to both as Joint Tenants - Florida 2026

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The document is a Florida Warranty Deed form that facilitates the transfer of property from one spouse to both spouses as joint tenants with the right of survivorship. It includes instructions for completing the form, a disclaimer regarding its legal use, and sections for entering grantor and grantee information, property details, and witness signatures.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the date of the deed at the top of the form. This is crucial for legal documentation.
Fill in the Grantor's name and address, ensuring accuracy as this identifies who is transferring the property.
Next, input the Grantees' names and addresses. This section should include both spouses who will hold joint tenancy.
In the consideration section, state 'TEN AND NO/100 DOLLARS ($10.00)' as a nominal amount for legal purposes.
Attach a detailed legal description of the property in Exhibit A, which is essential for clarity on what is being transferred.
Ensure that both Grantor and witnesses sign and print their names where indicated, followed by notarization to validate the document.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How do you split jointly owned property?

A co-owner buys the share (Transfer of Equity) The most straightforward method is often for one or more of the existing co-owners to buy out your share of the house. This process involves a Transfer of Equity, where the legal and/or beneficial ownership is formally transferred to the remaining owner(s).

Do joint tenants receive separate deeds?

Joint tenants must receive their interest in the property from the same source, such as a deed or title. Equal interest. Joint tenants must possess an equal share of the property.

Do both spouses have to be on the deed in Florida?

Sole Ownership in Florida While Florida does not recognize community property, it does recognize the homestead doctrine. If a property is a homestead, the non-owner spouse must sign the deed selling or conveying the property.

What is the joint tenancy statute in Florida?

Joint Tenancy With Right of Survivorship (JTWROS) Each owner must own an equal percentage of the property (not, for example, 1/3 and 2/3). When one of the owners dies, the decedents interest in the property automatically passes to the surviving joint tenant, without the need for probate.

What is the disadvantage of joint tenancy?

Downsides of Joint Tenancy If a couple or business partners disagree, neither party can sell or encumber the asset without the consent of all parties. This restriction is intended to prevent abuses. However, the need to get agreement from all parties can make it difficult to take necessary actions.

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Is joint tenants the same as joint ownership?

Cohabitants who are joint owners are referred to in legal terms as joint tenants at law (the use in this context of the word tenant has nothing to do with rented property). This means that they are each entitled to possession of the whole of the land and the right to occupy it.

Why is it wise to avoid joint ownership?

If your co-owner is married, there is a risk of the property being subject to divorce proceedings. With something like a bank account, there is the risk that the co-owner could go on a spending spree and drain the account. In some situations, creating a joint ownership can also create gift tax or income tax problems.

Warranty Deed to Separate Property of one Spouse to both as Joint Tenants - Florida 2026

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