Legal Question in Real Estate Law in Florida

quitclaim deeds vs. homestead laws

My StepFather wanted to quitclaim his homesteaded property to me, but an attorney has told him because he has remarried that it would be a problem to get title insurance on the house if we decided to sell and refused to file the quitclaim deed with out his present wifes permission. He has a pernuptual stating that they have no rights to each others properties. She also owns a home which she has homestead exemption on. They do not live together in the same house. He only ''visited'' sometimes.

The property I am talking about was my Mothers, she passed away five years ago. She put his name on the deed after she married my stepfather. The deed is in his name only. His new wifes name is not on it.

He is trying to file for a divorce. Her health has caused her to move in with her son so he can claim her as a dependent and get medical coverage.

I am the executriss of his will. I have Power of Attorney for him and I also have legal guardanship, in case I need it.

Do you agree with the attorney's advice? I am concerned that his current wife may try to lay claim to my Mothers house. Can you advice me what I should do?


Asked on 6/16/02, 1:05 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: quitclaim deeds vs. homestead laws

If he died tomorrow the home would be part of his estate. If there is a prenuptual agreement read it to make sure she has no claims to the estate. I see no problem in having him convey a deed to himself and you jointly with right of survivorship. Call up a title company and speak to their attorney to verify. Good luck.

Read more
Answered on 6/16/02, 7:21 am
Scott R. Jay Law Offices of Scott R. Jay

Re: quitclaim deeds vs. homestead laws

Your father may execute a Quit Claim Deed in your name or on a Deed to him for life with a remainder to you. There are serious implications with a Quit Claim Deed as I outlined just a few days ago to another party. You may wish to read that response.

If a future Buyer has a question about the title, you may need to provide a copy of your father's Prenuptual Agreement showing that his spouse had/has no interest in the property to the Buyer's attorney. Alternatively, you may simply wish to ask the current spouse to join in on the Quit Claim Deed to avoid any possible problems in the future.

Scott R. Jay, Esq. 305-249-8000

Read more
Answered on 6/16/02, 10:09 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida