How to Add a Spouse to a Florida Home Deed

Is your spouse’s name missing from your property title? If you’re living in Brevard County, Florida, you’ll want to understand the steps to add their name successfully. Otherwise, you could be dealing with legal issues down the road.

Keep reading to learn how to add a spouse to a Florida home deed, including required signatures and tax obligations. 

Look at Your Mortgage Terms

If you’re adding the name of a spouse to a deed, start by looking at your mortgage for the home. You may need written approval from your mortgage lender if you see a due-on-sale contract provision. 

While federal laws may make it easier to transfer ownership between spouses, it’s still smart to be clear about all of the details. Reach out to your lender first to understand if there are any special circumstances or steps you should know about.

Select the Appropriate Deed Form

Should you use a quitclaim or warranty deed form when you start the paperwork? Whether you live near Cocoa Beach or on the other side of the state, determine which form is right for your needs in Florida.

With a warranty deed, you can transfer ownership with legal guarantees in place that protect the buyer. In this deed, the seller is identified as the legal property owner, and the title has no debts or other red flags. 

With a quitclaim deed, there aren’t as many guarantees for the recipient. The home could come with some problems, like tax debts, linked to the title. Even so, this process is faster, making it a good option for transfers within families. 

In any case, take time to compare deed options. Reading a resource comparing a grant deed vs quitclaim deed, for instance, can offer helpful insights before making a decision.

Include Key Details in a New Deed

If you want your new deed to move forward, you have to fill it out properly. That means including all relevant names, such as current and future owners. Identify where the property is located in Florida, and describe it, as well. 

You’ll need to indicate what type of ownership is being proposed in the new deed, plus provide a signature from the grantor. If you’re choosing to own the property as tenants alongside a spouse, you’ll be entitled to legal protections. Ultimately, ownership documents should align with the property’s status. 

Follow All Signing Requirements

Be aware that you’ll need to follow Florida’s rules for signing deeds. The seller, or grantor, needs two witnesses plus a notary public to signify that it’s a valid transfer. 

You can find a notary public by checking with your bank, library, or post office. Failing to notarize the document can result in concerns that delay processing. 

Once signed, you’ll need the Brevard County Clerk or the County to take action. They’ll record the signed deed, meaning it becomes part of public records. Be prepared to pay fees for this process, but know that you’ll help protect your rights by going through with it. 

Watch for Documentary Stamp Taxes

You may be subject to documentary stamp taxes in Florida during ownership changes. You can look at these taxes as similar to a toll for the transaction. How much debt is associated with the property, plus the status of the mortgage, could impact tax amounts.

You may want to partner with a real estate expert to understand what kinds of taxes to expect. Rules can vary significantly even from one county to the next within Florida. And, in some cases, exemptions may apply. 

Follow the Process Carefully 

When you want to add a spouse to a Florida home deed, make sure you’re following the process carefully. Look at your mortgage terms first, and then be clear on which deed form and signatures are necessary. Record your deed with the Brevard County Clerk, and watch for taxes.

With a diligent approach, you can pave the way for a smooth and successful change to your deed. 

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