Legal Question in Real Estate Law in Florida
Quitclaim Deed -- what is it and how do I file it
I am getting a divorce and in the settlement I am giving my wife the house, her lawyer says that I cannot do that. I was told today that I could do a quitclaim deed and give her the house and I still make the mortgage payments, which is what we agreed on. What is this form and how is it filed, I downloaded one from the net and need to fill it out but once I do, how and where is it filed. Also, my son is on the deed as well, he will remain with his mother, do they have to sign the form too, I dont see a place for it on this form.
1 Answer from Attorneys
Re: Quitclaim Deed -- what is it and how do I file it
The only person that must sign the quitclaim deed is the person relinquishing and transfering his/her interest in the property to another party(ies). Once the quitclaim deed is properly executed, it should be filed with the county in which the property is located, and depending on the circumstances, you may have to pay documentary stamps. Based on the information you provided, you will likely not have to pay any doc stamps since the transfer is within the family. It appears you will be transfering your interest to your wife/ex-wife and son. You should seek the advice of a real estate attorney, who should not charge you very much to ensure that you undertake this transaction properly to avoid any mistakes that may prove costly in the future. Good luck.
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