Do I need to change name on deed after marriage? In fact, there is no legal requirement to do so. However, this is one of the most common reasons for amending a Florida deed. Other common reasons include divorce, and in some cases, a family member’s passing may also require a deed name modification. In this article we will go through the process of changing a name on your deed, whether is a warranty or a quitclaim deed.
Modifications To A General Warranty Deed
The most frequently employed deed for transferring real property ownership is the warranty, or general warranty, deed. In this scenario, the grantor, who is the seller, is obligated to demonstrate the absence of any title flaws before completing the property sale, such as tax liens, legal judgments, or outstanding mortgages. If the title does not have any of these problems, then the property can be conveyed to the grantee. Even if any title defects surface after the sale, the grantor will be responsible for the expenses associated with rectifying those defects.
Being said that, to make changes to a general warranty deed in Florida, you will have to get the form designed for this purpose, which you can find through the Florida website, or you can purchase it at stationery stores. You can use the form to update the name on a deed or to transfer ownership and rights from one individual to another.
Modifications To A Quitclaim Deed
A quitclaim deed is a legal document through which a grantor transfers or conveys their current ownership of property to a grantee, an individual who has a close relationship with, without providing any assurance, commitment, or guarantee regarding the quality of the title.
For alterations to a quitclaim deed, employ a quitclaim deed template like the one offered by the Brevard County Clerk’s Office. This is suitable when updating or removing a name from the deed. As mentioned before, a quitclaim deed does not assure unrestricted and undisputed property rights since the recipient of the deed should already be informed of the property’s legal status.
Recording Changes To Deeds
If you need to change name on deed after marriage, you can follow these steps:
- Obtain notarization for the deed. The Lee County Clerk’s Office emphasizes that deeds must be witnessed by a notary public to be legally valid.
- Once the deed is properly filled out, submit the document to the local land registry or county clerk’s office situated in the county where the property is situated.
- After the notarized form has been filed with the county, the alteration in ownership is officially recognized as legally binding.
Think About The Implications
It is crucial to comprehend the potential repercussions of the name alteration you intent to carry out before finalizing it since in Florida, including someone on a deed can be simpler than attempting to remove them later. Keep in mind that inverting or eliminating a name may not be well-received by the other party involved, and you cannot remove someone from a deed independently.
Consult With One Of Our Experienced Attorneys at Jurado & Associates, P. A.
Even though the process may seem simple, if you need to change a name on deed after marriage, you must consider consulting with a Florida real estate attorney when making decisions regarding title matters. We can help you with that. You can call us at (305) 921-0976, email us at [email protected], or reach us via WhatsApp at +1 (305) 921-0976.