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Remove‌ ‌Someone‌ ‌from‌ ‌a‌ ‌Deed‌Remove‌ ‌Someone‌ ‌from‌ ‌a‌ ‌Deed‌

How‌ ‌Do‌ ‌I‌ ‌Remove‌ ‌Someone‌ ‌from‌ ‌a‌ ‌Deed‌ ‌in‌ ‌Florida?‌ ‌–‌ ‌Action‌ ‌Plan‌

30 Jun 2021

Eventually, you may need to remove someone’s name from a property deed, regardless of the reason behind the decision (e.g., death, divorce, etc.). When it comes to the transfer of titles and deeds, local regulations may differ according to each state and county.

In this article, you will find out feasible ways to remove someone from a deed in Florida. 

How Do I Remove Someone from a Deed in Florida? – Take the First Steps

A deed of conveyance is a legal document that proves the change in the ownership of a property. Typically, the buyer completes the deed of conveyance with the seller at closing. Accordingly, the buyer becomes the new owner of the property, removing the seller from the property deed.

When removing someone from a property deed, you have two options in terms of a deed of conveyance. 

  • For quitclaim deeds, a deed of conveyance will state that you have the right to transfer property with neither legal assurance nor coverage for unknown claims or title issues
  • For warranty deeds, a deed of conveyance will state that you have the right to transfer property while ensuring the new owner that nobody else has ownership claims to the title 

While quitclaim deeds are easier to file, warranty deeds are the best way to remove someone from a deed when there are multiple owners involved. Also, warranty deeds prevent unknown title issues, such as unknown heirs or ownership claims. 

Discussing Property Ownership Interests 

When other individuals co-own the same property, the first step is to talk to them to reach an agreement about the individuals you need to remove from the title and the reason behind the decision. 

If you are the removed party, you need to agree on your property share, the person you want to transfer the shares to, and the ownership structure formed in the deed of conveyance. 

Once all the parties involved reach an agreement, you need to obtain a copy of the title deed. With the document in hand, you need to verify the names included in the deed, and then verify if the name of the person you would like to remove is there.

In some cases, it is possible to order a copy of the title deed online. If it is not your case, you can find it in your county clerk’s office or local land registry office. 

Completing, Reviewing, and Signing the Paperwork 

Then, it is time to proceed with the new paperwork. Regardless of the type of deed used in the process, it is crucial to ensure it is properly executed, including all parties to the deed and the signature of the person conveying/granting the deed. 

Both warranty and quitclaim deeds must provide specific information, such as:

  • The name of the grantor and grantee
  • The property’s address 
  • The date of the transfer
  • The name of the city, state, and county where you filed the original deed
  • The reason that led to the transfer of property deed
  • What the grantor will receive in exchange for the transfer 
  • Relevant financial and tax info (e.g., legal property description, tax ID number, etc.)
  • The form of ownership (e.g., joint tenancy, tenants in common, rights of survivorship, etc.)

Plus, you will need to add a document number or reference in the county recorder’s office where you filed the original deed. After reviewing the document with the help of an expert title attorney, you and the other parties involved can sign it in the presence of a certified notary witness.

Final Steps 

Lastly, you need to submit the form at the county/city office where you obtained the original title and deed, typically the county clerk’s office or the local land registry office. 

Depending on the jurisdiction, you may be required to deal with additional paperwork (e.g., tax-related paperwork, etc.). Plus, we recommend that you ask for a certified copy of the new deed when you file it. 

Regardless, the best way to ensure your peace of mind when removing someone from a deed in Florida is to work with an expert title attorney. At Marina Title, we can take care of the process while you focus on other activities, especially when it comes to handling the paperwork and ensuring legal compliance. 

Do You Need to Remove Someone from a Property Deed in Florida? – Work with Marina Title

Dealing with all necessary paperwork when removing the name of someone from a property deed can be a complex task. At Marina Title, we have a team of expert title attorneys to ensure legal compliance and efficiency during the process. 

Call us today at (305) 901-5628 or send us an email at Romy@MarinaTitle.com.

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