Legal Question in Real Estate Law in Florida

Removing name off Deed

When I was legally separated I purchased a townhome and it had to have my ex's name even though I paid for it and he had no financial or other interest. I want his name off the Deed. He provided a Quit-Claim Deed but the clerk won't accept that without me paying doc stamps, which have been paid once already. What is the easiest, quickest way to remedy this?


Asked on 9/25/07, 2:24 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Removing name off Deed

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.

The only way to remove your ex's name is to record the Quit Claim Deed. If you were divorced pursuant to a court order, then you can cite that on the deed and documentary stamp taxes are only charged on the minimum amount (which is 60 or 70 cents depending on the county in which you live). If you were not divorced, then documentary stamp taxes must be paid on 1/2 of the balance of the mortgage.

Scott R. Jay, Esq.

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Answered on 9/26/07, 10:49 am


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