Warranty Deed from Individual to Husband and Wife - Florida 2025

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The simplest way to add a spouse to a deed is through a quitclaim deed. This type of deed transfers whatever ownership rights you have so that you and your spouse now become joint owners. No title search or complex transaction is necessary. The deed will list you as the grantor and you and your spouse as grantees.
Mortgaging and Conveyance: Even if a spouses name is not on the title, they generally must sign documentation related to the mortgaging or conveyance of the property. This is due to their spousal homestead rights, which protect their interest in the property.
This requirement of the Florida constitution is referred to as joinder of spouse and simply means that the non-owner spouse must sign the deed or mortgage for it to be valid. Joinder of spouse is required even if the other spouse isnt a co-owner of the property and/or is no longer residing on the property.
In community property states, such as California, if you acquired your home while you are married, the value of your home is equally shared between you and your spouse, whether your name is on the deed or not. This is the default situation and prevents one spouse from losing the home in the event of a divorce.
Lack of Marital Status: It is best practice to include the marital status of the Grantor(s) and Grantee(s) on the deed. This is especially important for the Grantor(s) due to Florida homestead law, which requires joinder of the spouse for the conveyance of a primary residence property.
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Notarization: Have the deed signed by the grantor in the presence of a notary public. A notarys acknowledgment is necessary for validity. Delivery and Acceptance: The grantor must deliver the signed deed to the grantee, who must accept it. This step finalizes the transfer process.

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