Deeds and property documents

How Florida wants a deed signed

A deed transferring Florida real estate must be signed by the person giving up the interest in the presence of two subscribing witnesses, and acknowledged before a notary.

That is three people besides you, and it is the step most often missed when someone prints a form at home. Arrange the witnesses in advance: adults who are not receiving the property. I cannot be your notary and your witness at the same time.

Common situations

• Adding or removing a spouse after a marriage or a divorce.
• Transferring property to a child or another relative.
• Moving property into or out of a trust or an LLC.
• Clearing up an inherited property among siblings.
• Correcting a name or an error in an earlier deed.

After the signing comes recording

Notarizing is not the end. The deed is recorded with the Clerk of the Circuit Court in the county where the property sits, and documentary stamp tax usually applies at that point.

I notarize the signatures; the recording and the tax are between you and the clerk, or your attorney or title company.

Please talk to a professional first

This is the one page where I will push you towards an attorney. A quitclaim deed is short and looks harmless, and it can trigger a mortgage due-on-sale clause, upset a homestead exemption, change property tax assessment, or hand away rights someone did not mean to give.

I cannot tell you whether a quitclaim or a warranty deed is right, nor prepare either. Have an attorney or a title company draft it, then bring it to me with your witnesses.