Legal Question in Real Estate Law in Florida
quitclaim deed
Myself and my ex-husband live in Canada and own 1 lot in Sarasota County. The deed has both our names on it including mine in my ex-married name. I now use my maiden name. He is giving me his share of the land.
#1. On the new quitclaim deed (close to the top)where it has ''the undersigned ________________ (as grantor),hereby remises,releases etc. _________ (myself as grantee) do both our names go on the form as grantors or just his??
If both are required, do I use my maiden name or my ex-married name (just as original deed)?
#2. Does he just sign as grantor or do I have to sign the new deed as well(if both names are required as grantors)?
#3. On the document for grantor, I have an area for info including married/unmarried as an indiviual... and a mailing address. On that same side I also have the same info for myself of course that states, an individual formerly known as... and a mailing address. Is this area required whether both our names have to be listed as grantors or not? I have the same info for myself as the grantee.
I hope you can help me out. It's hard to purchase a doc. being from Canada. My attorney is going to draw one up.
Thanks so much for your help. It truly is appreiciated.
1 Answer from Attorneys
Re: quitclaim deed
Your attorney should have the knowledge of how to draft a deed or frankly, you should use an attorney who does. It is strongly recommended that you use a Florida attorney to draft the deed properly. This would ensure its legalality. It can be done for a minimal cost.
Alternatively, if you want to have your attorney telephone my office, I would be glad to provide advice to a fellow attorney.
Scott R. Jay, Esq., 305-249-8000