Legal Question in Real Estate Law in Florida
I keep hearing a quit claim deed is for transferring ownership over to a co-owner. I used a quit claim deed to transfer a Florida property over to my son. I am divorced and both me and my ex executed the deed. Did we use the wrong document. My son was never co-owner.
2 Answers from Attorneys
A Quit Claim deed can be used to transfer property to most any person or entity. It simply transfers interest in real property from the current owner to someone else, once it is recorded. The parties do not have to have co-ownership of the property prior to transfer.
Quit Claim Deeds are not always the best way to transfer interest in property, and can give rise to tax consequences. You may want to consult a tax professional.
Depending on how the property was originally titled, the quit claim deed transfer may be effective. You should take both documents to an attorney to make sure you go what you wanted.