Quitclaim Deed from Individual to Husband and Wife - Florida 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date of the deed at the top of the form. This is crucial for legal documentation.
  3. Fill in the Grantor's name and address. Ensure accuracy as this identifies who is transferring their interest in the property.
  4. Next, input the Grantees' names and addresses. In this case, you will list both husband and wife.
  5. Specify the type of ownership: 'tenants by the entireties', 'joint tenants with right of survivorship', or 'tenants in common'. Choose based on your preference for property rights.
  6. Attach a legal description of the property as Exhibit A. This should detail the exact location and boundaries of the property being transferred.
  7. Sign and date the document in front of two witnesses, ensuring all signatures are clear and legible.
  8. Finally, have a notary public acknowledge your signatures to validate the deed legally.

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A quitclaim deed transfers ownership rights immediately, but a divorce decree can impose financial obligations like profit sharing. Even if the ex signed a quitclaim deed, the divorce decrees terms about selling the house and sharing profits may still be enforceable.
The quitclaim deed will ask for: Your name. The name of the person you are transferring some or all of ownership to. A description of the property being transferred. The ownership agreement between the two people.
In Florida, a quitclaim deed must be signed in the presence of two witnesses and a notary public to be valid. Forged signatures or missing notarization can render the deed void or voidable. If a deed was signed without proper witnessing or notarization, and signatures were forged, it may be challenged in court.
By quitclaiming the property to themselves and their spouse, the real property becomes property of the married couple. If one spouse predeceases the other, and a quitclaim was recorded, then full title to the real property would automatically pass to the surviving spouse and no probate estate would need to be filed.
Cost of a Quitclaim Deed in Florida You do not have to be an attorney to prepare a Florida quitclaim deed. Absent attorney fees, your costs would only be the recording fees that the county comptroller charges and transfer fees if the property is mortgaged.
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The quitclaim deed simply transfers any interest they may have to the other party. Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.
If a spouse acquired real property prior to the marriage, the other spouse may not appear on title. By quitclaiming the property to themselves and their spouse, the real property becomes property of the married couple.
Fraud or Duress: If the quit claim deed was executed under fraudulent circumstances, duress, or undue influence, the affected party may seek legal action to void the deed. Proving fraud or duress in court is required for this exception to apply.

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