Legal Question in Real Estate Law in Florida

quit claim forms

I want to give a property to my nice with a quit claim form. I'm the sole owner, however I'm married. Should my wife be on the form and also sign it so we don't have to fill more papes?


Asked on 7/02/07, 4:08 pm

2 Answers from Attorneys

Johm Smith tom's

Re: quit claim forms

You and your wife would need to sign. But you should consult with a real estate attorney and/or CPA first because there are tax consequences that may be best dealt with by doing this transaction in a different way.

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Answered on 7/02/07, 4:49 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: quit claim forms

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 nformation, 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.

Maybe. If the property was homestead, your wife you will need her to sign the Deed together with you and two witnesses in the presence of a notary public. If the property was not homestead and your wife never had any ownership interest in it, then you can add non homestead language to the deed and she will not need to join in.

I would suggest that you have a qualified real estate attorney prepare the deed for you to avoid any possible error. You will also need a Return for Transfer of Real Property. The fully executed deed must be recorded in the public records in the county where the property is located.

Scott R. Jay, Esq.

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Answered on 7/03/07, 12:11 am


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