Remove‌ ‌Someone‌ ‌from‌ ‌a‌ ‌Deed‌

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

Eventually, you may need to add or 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 often differ according to each state and county.

In this article, you will learn the process for removing 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 sets forth a change in the ownership of a property. Typically, the seller signs the deed of conveyance at closing, transferring title to the buyer. The buyer then becomes the new owner of the property, removing the seller from the property title. In other situations where no sale is involved, the deed transfer is done for other purposes such as a divorce or a conveyance to a child or other family member.

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

• Quitclaim Deeds: A deed of conveyance which states that you have the right to transfer property with neither legal assurance nor coverage for unknown claims or title issues; and
• Warranty Deeds, a deed of conveyance which provides that you have the right to transfer property while also warranting to the new owner that nobody else has superior ownership or other claims against the title. 

While quitclaim deeds are appropriate for many circumstances such as title transfers amongst family members or between an individual and his or her company, warranty deeds are the standard type of deed used in a purchase and sale transaction as they offer more title protection. Warranty deeds are meant for transactions involving title insurance to protect against unknown title issues, such as unknown heirs or unresolved liens or judgements. 

Discussing Property Ownership Interests 

When a few individuals co-own a property, the first step is 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 transferring your property interest, the person you want to transfer your interest to, and the ownership structure being created in the deed of conveyance. 

Once all the parties involved reach an agreement, you need to obtain a copy of the current title deed. With the document in hand, you need to verify the names included in the deed, and then verify how the person you seek to remove currently holds title. In many cases, it is possible to order a copy of the title deed online at the county’s official records website. If you can not locate the current deed online, 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 the signature of the person conveying/granting the deed. Both warranty and quitclaim deeds must provide specific information, including but not limited to:

• The name of the grantor (current owner) and grantee (future owner)
• The marital status of the parties
• The property’s address 
• The date of the transfer
• The legal description of the property and tax identification number (or folio number)
• What the grantor will receive in exchange for the transfer 
• 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 will record the original deed. After the document has been prepared by an expert real estate attorney, you and the other parties involved can sign it in the presence of a public notary and two witnesses.

Final Steps 

Lastly, you need to submit the deed for recording to the county recorder’s office or the local land registry office. The deed must be properly recorded in the public records so that the ownership of the property updates on the county property appraiser’s website.

The best way to ensure your peace of mind when adding or removing someone from a deed in Florida is to work with an expert real estate and title attorney. At Marina Title, we can take care of the process so that you can have peace of mind in the title transfer process, especially when it comes to handling the legal paperwork and ensuring compliance with Florida’s recording statutes. 

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

Dealing with all the necessary paperwork when adding or 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 [email protected].