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If someone you love dies, or you get divorced, and there is real estate property involved, you may find yourself needing to remove someone’s name from your Florida deed. The purpose of doing so is to eliminate their ownership rights, and many times, this process requires more than simply removing their name.
In Florida, you will need a deed of conveyance to prove your ownership changes to a property. A buyer typically completes this document at closing to remove the seller and add themselves as the new owner.
There are two options when completing a deed of conveyance:
Warranty deed – This conveyance gives you transference rights and assures the new owner no one else has a claim to the property.
Quitclaim deed – This conveyance makes no assurances regarding potential legal claims or title issues but allows you to transfer a property.
You may be tempted to use a quitclaim since you could skip a title search, but that would mean any encumbrances attached to the property would fall onto the owners listed on the deed. For example, if a tax lien against the house your grandmother wants to give you, that debt would become yours alone.
Before we dive into the steps to remove a name from a deed, consider first talking to all parties involved. This is especially important if it is a co-owned property like a family home. Many times, it’s possible to work with the other party involved and have them cooperate in taking themselves off.
Remember, any outstanding liens or claims against the property could fall all on your or the new owner’s shoulders once a name is removed. Consider working with a title agent to conduct a thorough search of the deed to get a clear picture of any encumbrances that could come back to haunt you.
Also, title agencies can ensure the necessary paperwork is completed, signed, and recorded accurately to prevent any future issues during a sale.
No matter which deed type you use, it must be filled out correctly and signed by the right people involved. You also need to make sure that all of the following information is correct and free of errors:
Your title agent can review all of this information before you sign it in front of a certified notary.
The final step in removing someone’s name from a property title is to submit the deed of conveyance to your local county clerk or land registry. Depending on where you live, you may also have additional forms to fill out, like tax documents. If you hire a title agency, they will also be sure to request a certified copy of the new deed when submitting it to the appropriate government agency.
If you are in a situation where you need to remove the name of a deceased relative from a property they left you or another family member, the property has to be transferred. Typically, this involves submitting the following to your state registrar:
Removing someone from a Florida deed can present unique challenges depending on the circumstances involved. At All Florida Real Estate Lawyers, we help thousands of families every year with this process, as well as selling or buying a property. With over a decade of experience, our team of knowledgeable title professionals is standing by to help. Contact us today to get started.
