Legal Question in Real Estate Law in Florida
in state of florida manatee county, i have recorded a quit claim deed, but did not write on it that the guarantor is a widower, is that legally required? would the deed have to have an affidavit stating that
the guarantor is a single male or is the deed legal?
1 Answer from Attorneys
Your deed is not "illegal" by not stating the marital status of the Grantor. Under a Quit Claim Deed, the Grantor only gives whatever interest he has in the property. He did not warrant that no other person has an interest. If you are uncertain as to his marital status, you are smart to be concerned. An affidavit, or a warranty deed would clarify this matter, and make him liable in the event that he really has or had a spouse with an interest. If he has never been married or is widowed this is not a problem. If he was married but is now divorced, be cautious. She may still have an interest in the property.
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