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?
1 Answer from Attorneys
Re: Removing name off Deed
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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.