Legal Question in Real Estate Law in Florida

Home in Florida

My mother left her home to me and gave me a quit claim deed in 1985, she is deceased and the home is in my name, only her name remains on the deed as she had a life time estate there. I want to have her name removed and my husbands name put on the deed. What do I need to do?


Asked on 5/15/07, 5:27 pm

2 Answers from Attorneys

Matthew Weidner Matthew D. Weidner, P.A.

Re: Home in Florida

You must contact an attorney to review the estate, perform a title search and prepare for filing the deed which will put your husband on title. Please contact me at [email protected] if you desire my assistance.

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Answered on 5/15/07, 7:55 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Home in Florida

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.

You cannot actually remove your mother's name from the deed. What you need to do is execute a new Quit Claim Deed from yourself to yourself and your husband. At the same time you will need to record a certified death certificate of your mom and an Affidavit of Marital Status. Together, the instruments should have the effect of placing title in the name of yourself and your husband.

Please understand that should anything ever happen in your relationship, your husband will then have equal ownership in the home which may not be your desire. I would suggest that you visit a qualified real estate to discuss the specifics of your situation.

Scott R. Jay, Esq.

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Answered on 5/15/07, 11:38 pm


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