Florida deeds prepared and electronically recorded to change ownership of real property.
Divorce and dissolution of marriage
Add or remove relative or child
Transfers between husband and wife
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Call Kim at 714-846-2888
In divorce or dissolution of marriage ownership of Florida real property is awarded to one spouse. The spouse awarded the real property must be the sole owner of record to sell, refinance or borrow on the property. If the non-owning spouse remains on title as owner he or she could inherit the house on the death of the other spouse.
Non-owning spouse conveys his or her ownership interest by deed. Non-owning spouse signs the deed. His or her signature is both witnessed and notarized. Deed is recorded with Clerk of the Court in the County where the real property is located.
Living trusts are created to avoid probate. To avoid probate of Florida real estate the real estate must be owned by the trust. Change in ownership is by deed from the owner to the owner as trustee of his or her trust. There is no transfer tax, property tax increase or transfer tax on trust transfers. On death of the owner the successor trustee transfers real property by deed to heirs of the decedent.
As an alternative to a trust an owner of real property creates a joint tenancy. The owner adds a child or younger relative as owner in joint tenancy. In joint tenancy the deceased owner’s interest “disappears” by operation of law and the survivor becomes the sole owner.
There is risk to adding a relative on title as owner. If at a later date the original owner wants to sell the real property the added relative’s notarized and witnessed signature is needed to sell the property. If there is debt on the property the lender’s written consent is needed to avoid the due on sale clause of the loan.
Risk that cannot be controlled is the joint tenant’s creditors placing liens on the property to satisfy unpaid debt. Then there is the risk if the joint tenant is in a divorce his or her spouse will acquire an interest in the real property.