Warranty Deed from two Individuals 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.
Typically associated with real estate, joint tenancy warranty deeds are used when two or more parties come together simultaneously to take ownership of a property. The most common example of this type of deed is for unmarried couples buying a property together.
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.
Joint tenancy is most common among married couples because it helps property owners avoid probate. Without joint tenancy, a spouse would have to wait for their partners Last Will to go through a legal review processwhich can take months or even years.
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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.
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.

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