When relationships shift or ownership needs change, you may find yourself needing to remove someone from your property deed in Florida. Whether it’s due to divorce, a family agreement, or financial restructuring, this guide walks you through how to legally and efficiently update your deed—and protect your property rights.
Why Would You Need to Remove Someone From a Deed?
Life happens. Divorce, death, or simply a change in financial goals can lead to one or more owners needing to remove themselves—or be removed—from a property deed. Common scenarios include:
- Divorce or breakup
- Inheritance disputes
- Business partnership dissolutions
- Gifting or estate planning
- Removing an ex-partner or estranged family member
Regardless of the reason, the process must comply with Florida law to ensure a clean transfer of ownership.
The Legal Way: Use a Quitclaim Deed
The most common method in Florida for removing someone from a deed is filing a Quitclaim Deed. This is a simple legal document used when ownership is being transferred without a traditional sale. It’s often used between family members or ex-spouses.
Steps to Remove a Person Using a Quitclaim Deed:
1. Discuss and Get Agreement
All parties listed on the deed must agree. Without consent, it becomes a legal battle. A quitclaim deed is voluntary.
2. Prepare the Quitclaim Deed
You can use a real estate attorney, an online legal service, or county forms (available via the Florida Department of Revenue). Information needed includes:
- Property address and legal description
- Names of grantor (the one giving up ownership) and grantee (the one receiving ownership)
- Signatures and notarization
3. Sign Before a Notary Public
Florida requires that the deed be signed in the presence of a notary public and two witnesses.
4. File the Deed with the Clerk of Court
Once signed and notarized, the deed must be recorded with the Clerk of the County where the property is located. This makes it legally binding and publicly available.
5. Pay Transfer Fees and Documentary Stamp Taxes
Florida charges documentary stamp tax based on the consideration value (typically $0.70 per $100 of value). Even if no money changes hands, the state may impose a tax based on property valuation.
Common Issues and Legal Pitfalls
Removing someone from a deed does not automatically remove them from the mortgage. You must refinance or assume the mortgage separately. Additionally, failure to properly record the deed could lead to title disputes or legal consequences down the line.
What If the Other Party Refuses to Sign?
If the other owner refuses to sign a quitclaim deed, you may need to initiate a partition lawsuit. This allows a court to force the sale or division of the property. This can be costly, time-consuming, and emotionally draining.
If the situation becomes complex or contentious, it’s best to consult a real estate attorney for advice.
An Easier Option: Sell the Property to a Cash Investor
Sometimes, the cleanest solution is selling the property altogether. A cash home buyer can close fast—often in days—and bypass the legal wrangling. If you’re struggling with a deed dispute or need to separate financially, this may be your best move.
We recommend contacting We Buy Gulf Coast Houses, a trusted local investor that can help you sell your house fast in Florida, even with complicated title or ownership issues.
Conclusion
Removing someone from a property deed in Florida isn’t overly complex, but it does require following the right legal steps. Whether you’re navigating a divorce, ending a partnership, or just simplifying ownership, using a quitclaim deed and filing it properly is the key to success.
Need to sell instead? Consider a fast cash offer from a local real estate investor and skip the stress.
Frequently Asked Questions (FAQ)
1. Can I remove someone from a deed without their permission in Florida?
No. All owners must agree unless a court orders otherwise through a partition lawsuit.
2. What’s the difference between a deed and a title?
The deed is the legal document proving ownership. The title is the concept of legal ownership.
3. Does removing someone from the deed affect the mortgage?
No. You’ll need to refinance or modify the loan separately to change mortgage responsibility.
4. How long does it take to process a quitclaim deed in Florida?
If done properly, it can be processed within a few days to a couple of weeks, depending on the county.
5. Do I need a lawyer to remove someone from a deed?
It’s not required, but it’s recommended for complex cases or when disputes arise.