Removing another person’s name from a deed requires you to follow a few legal processes. The majority of the time, everything goes smoothly, but anytime there are property assets involved, there’s always a chance for things to go awry if you don’t have the guidance of an experienced real estate attorney at your side.
If you need to remove someone from a property deed in Florida, speak with a local attorney and be prepared to take the following steps:
- Review the existing deed – Obtain a copy of the current deed to review the existing ownership structure and any language regarding the transfer of ownership. If you are attempting to transfer a title after divorce you’ll also need a certified copy of the divorce decree.
- Prepare a new deed – Removing someone from a deed involves creating a new deed. In the case of divorce, quitclaim deeds are often used. Work with a real estate attorney and title company to draft a new deed that includes language about transferring the interest of the person being removed to the remaining owner(s).
- Notarize the new deed – Both parties, including the person being removed, will need to sign the new deed in the presence of a notary public. Notarization is essential for the deed to be legally valid.
- Record the new deed – One of the final steps is to file the signed and notarized deed with the county clerk’s office in the county where the property is located.
Be advised that if you hold a joint mortgage with the person whose name you are removing from the deed, you will also need to take additional steps if you wish to remove them from financial obligations related to the mortgage. Removing someone from the deed does not remove them from the mortgage.
Removing someone from a deed is a multi-step process, but if you’re organized and both parties are in agreement, it all moves relatively quickly. For guidance on Florida real estate law and property ownership records, contact our team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Titles Services, Inc.
