![]() If there is an unreleased lien or document on a property title, this could render the current ownership invalid. In some cases, a property’s title may include a lien or claim on a previous owner and claim land or real estate. Title Defects and Clearing Previous Liens or Claims In cases where there are more complex property transfers, multiple parties are included in a land claim. If you intend to remove an individual from a mortgage, refinancing the mortgage is required. This process is most common in the event of a divorce or to prevent a family member from claiming ownership of real estate or land in the future.Īn ex-spouse can remain on the mortgage, even when a change to ownership with a quitclaim. There is a degree of flexibility for grantors to remove an ex-spouse or family member. Removing Family Members and Ex-Spouses from Property Deeds You can also use this type of deed to transfer property interest to a limited liability corporation or business partner. If there is joint ownership of the property, such as between spouses or family members, quitclaim deeds can be used to transfer the property to other relatives, including children. It’s also ideal for adding relative or new parties to claim ownership. Adding Parties to a Property DeedĪ quitclaim deed is an easy way to add a new spouse to a title following a marriage. This type of deed is ideal when the property transfers to another party and one or more individuals need to be removed from the title. A quitclaim deed is also used to remove a name or persons from a property title. ![]() At the same time, this form is often used to transfer land or real estate between family members or spouses. When recording a document, you will need to pay a recording fee in most counties, such as Palm Beach County.Quitclaim deeds are commonly used to transfer property. Here is an example of the form for Miami-Dade County. In Florida, the Clerk of County Courts records deeds, and each county may have its recording requirements, such as requiring a self-addressed stamped envelope and a Property Transfer Information form to be submitted with the deed. ![]() Recording a deed helps protect the grantee’s title against other claims to the property. The best way to protect the transferee’s property rights is to record a quitclaim deed in the county where the property is located. The witnesses must be unrelated to the transaction and must sign the deed. Two witnesses must be present to witness the grantor’s signature on a Florida quitclaim deed for it to be valid under Florida Statutes Section 689.01. No requirement for additional documents exists for a Florida quitclaim deed form. ![]() In most counties, the tax rate is $0.70 per $100 of the total consideration paid.įor Miami-Dade County, the tax rate differs depending on the residence type. This tax is called a documentary stamp tax. In Florida, transfer taxes are due for property transferred using a quitclaim deed. The acknowledgement must be made before a notary public or certain other public officials.Īlthough Florida law provides that warranty deeds require specific language, Florida law does not contain any requirements for specific language for quitclaim deeds. Without the grantor’s signature, the deed is invalid.Ī deed must be acknowledged according to Florida Statutes Section 695.03. In Florida, the appropriate County Clerk or Assessor may provide legal descriptions or you can refer to previous deeds.įlorida Statutes Section 689.01 requires a quitclaim deed to be signed by the grantor, the person transferring the property. Use the property’s legal description which includes the street address, property boundaries, physical description and the appraiser’s parcel identification number (PIN). The legal description of the property is not the same as the property’s mailing address. The notary shall then complete the remainder of the document with the required information that shall acknowledge the documentĬhapter 689 and Chapter 695 of the Florida Statutes contain most of the laws governing a deed of the property in Florida. The notary public will witness and record the signatures Provide the following signatures by and on behalf of the Grantor: Step 4 – Signatures – Must be provide before a notary public Witnesses should be available for the provision of payment from the Grantee to the GrantorĮnter the amount of monies in receipt, by the Grant paid by the GranteeĮnter the County in which the property is situated Step 2 – The Parties – Enter the following information:
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