How to transfer a property to a family member is a common question many homeowners ask. While there are many ways to transfer property before and after death, most deed-transferring options are complicated, costly, time-consuming, and require legal action. A deed is a legal document used to transfer title and ownership of a property. This deed must be signed in the presence of a notary public and two witnesses to convey the transfer of title and property to the new owner.
While there are a few types of deeds, a quitclaim deed is likely the easiest and most convenient way to transfer your property to a family member when the grantor is still living, but there are drawbacks.. Because there are several types of deeds, it is essential to work with an experienced Florida real estate attorney in this process. A real estate attorney can determine the best deed for the purpose intended.
Quitclaim Deeds
A quitclaim deed is a legal document that is used to transfer the grantor’s interest in real property in a quick, easy, and convenient fashion. Unlike warranty deeds, quitclaim deeds make no warranties or promises about what is being transferred, and the deed can only transfer the interest in the property held by the grantor, which may not be a good and sufficient title. If the title to a property is free and clear, then a Florida quitclaim deed will transfer it. If a title is not clear or good, a quitclaim deed may confuse and disappoint the grantee.
How to File a Quitclaim Deed in Florida
- A quitclaim deed must be filled out with the names and addresses of the grantor and grantee and signed.
- The quitclaim deed needs to be recorded by the county clerk and comptroller’s office in the county the property is located.
- You will be charged a fee for the recording. If there is a mortgage on the property, the fee may increase.
- The county clerk and comptroller’s office will enter a copy of the deed into the official records of the county and the original will be returned to you.
- It is good practice to designate the marital status
Talk to a Florida Estate Attorney
If you want to transfer a property to a family member, Richard S. Weinstein is here to help. Contact him today to schedule a consultation.
Real Estate Attorney, Jupiter
Richard S. Weinstein
A real estate attorney can help you with all of your real estate needs. Richard S. Weinstein is an experienced real estate attorney and title agent who can help you with your real estate transactions. Having legal representation makes good real estate business sense. A competent and experienced attorney will protect your interests.
With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.
Law Office of Richard S. Weinstein, P.A.
250 S. Central Blvd. #101
Jupiter, FL 33458
Phone (561) 745-3040
richard@rweinsteinlaw.com
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