Legal Question in Real Estate Law in Florida

Re: Title Transfer

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.

While a Quit Claim is the proper instrument, I suggest that you consult with a real estate attorney in Florida to properly prepare it for you. There are serious tax consequences for you if the Quit Claim is not recorded properly with necessary language placed on the face of the instrument. The Quit Claim Deed must be properly executed pursuant to Florida law in order to be valid. Further, the Power of Attorney must also be executed in the required format and recorded at the time of the Quit Claim Deed in order for the Deed to have any validity.

Information on your deed should be give about a divorce if appropriate to save on documentary stamps now and avoid a change in your property tax assessment later. Additionally, you will also need a DR-219 to file with the Quit Claim Deed. The nominal fee that an attorney will charge is nothing compared to the cost of correcting an error that may not be found until later.

This will save you money not only now at the time of the recording of the deed, but also later when property taxes are assessed.

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

Re: Title Transfer

If POA is dated after divorce decree, and is specific to that property, and the property is not oyjrtwise devised. Let me know if you need assistance.

Re: Title Transfer

Suggest you use Title Company in County you will file in. They will also want to see the POA.