Ocala, FL asked in Real Estate Law for Florida

Q: Me and 2 friends own a parcel of land in Florida. My 2 friends want to transfer ownership to 2 other friends.

We are planning on using a quit claim deed. I am retaining my ownership.

1. Do I need to list myself as granter and grantee for my portion?

2. Can I list myself as the preparer?

3. Everything I have read says to list the grantors names the same as they were listed on the original deed. However 2 of us have been married since the original deed was filed. Do I need to list the same as it was originally recorded or with the updated status?

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1 Lawyer Answer
Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: The answer to one and two is yes. Technically you should have the spouses of the married partners join in the deed for transfer since under Florida law they have an equitable interest in the property. There may be other ways to get around this, but the partners who are married should be referred to as married.

It is always best to have the deed properly prepared by a transactional attorney to avoid title issues in the future. The cost for an attorney to do this properly is a few hundred dollars, the cost to fix title problems caused by do it yourself quit claim deeds run in the thousands of dollars.

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