Hollywood, FL asked in Real Estate Law for Florida

Q: I filed a quit claim deed put my daughter on the deed. If she is sued, is the property liable.

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2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Fayetteville, GA
  • Licensed in Florida

A: Yes, if your daughter is on title to the property, any judgments against her are also against the property. I have seen cases where the property is lost to the judgments of a child who was placed on title. Also, if she has prior judgments against her, they will have already attached to the property. It is important to do a title search prior to putting someone on title.

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: Adding a person/here your daughter to the property can indeed expose the property to any creditors and or judgments that your daughter may owe. In addition, if this is your Homestead, there is real potential that it could impact Homestead Protections as well as Exemptions. Furthermore, if there is a mortgage, there could be issues there as well with due on sale clauses, this can also impact qualifying for Medicaid amongst other headaches that may arise and problems that are unanticipated. The deed should be reviewed that you created, and you should likely work with an estate planning attorney in order to get guidance related to the property and what you are trying to accomplish and why. Once a person is added via deed, it is difficult to remove them, and they must now consent to anything you try or want to do with the property usually (again based on the deed). If you are simply trying to avoid probate and transfer the property to your daughter, there are far better ways to accomplish this, without the potential risks and problems that comes with a quit claim deed transfer.

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