Legal Question in Administrative Law in Florida

Re: to add my name to my spouse's house title in FL

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

To add your spouse's name to your title, you must execute a Quit Claim Deed from yourself to yourself and your spouse. The cost to prepare is up to the party preparing the instrument. You can do this yourself but I would recommend against it. It is usually equivalent to the cost of one hour's time for an attorney. Additionally, you will be responsible to pay documentary stamps on the transfer which very based on the value of 1/2 of the outstanding mortgage. Recording is $10.00 for the first page and $8.50 if an additional page is required.

This is a quick procedure with a knowledgeable attorney but the timeframe will be dependent upon the turnaround time of the clerk of the court when it is sent for recording.

Be advised however, that if you give a spouse a Quit Claim Deed, you have effectively made a gift of a 1/2 interest in the property. If the marriage should not work, you will lose any potential special equity in the residence and it will be divided equally between the parties. This issue alone, makes it worth the investment to meet with an attorney to discuss this step before taking it.

Scott R. Jay, Esq.