Transferring a real estate title in Florida after a divorce involves several steps, but the first is to understand what’s been set forth by the divorce decree. Once a legal decision has been made as to how the property will be divided, creating a new deed to transfer the real estate title is generally a routine process. Here’s what to expect.

Steps for Transferring a Real Estate Title After Divorce 

The circumstances of each divorce will guide the process for transferring a real estate title, but the basic steps are largely the same.  

  • Review the divorce decree (and obtain a certified copy of it) – Divorce documents, including the divorce decree and settlement agreement, will outline the division of assets, including real estate property. Take note if there are any provisions regarding the transfer of the property and any deadlines or conditions you must adhere to. Be sure also to secure a certified copy of your divorce decree as you will need it for proving legal entitlement to the property during the title transfer process.
  • Identify the type of ownership – Next, assess how the property is currently owned. For married couples, ownership is often joint. If this is the case for you, decide whether the property will be sold or if one party will retain ownership.
  • Prepare a new deed – Work with a real estate attorney and local title company to prepare a new deed that reflects the transfer of ownership. In the case of divorce, a quitclaim deed is often used. You’ll need a notary public to validate both parties’ signatures when signing the new deed.
  • File the deed with the county clerk’s office – Record the deed with the county clerk’s office in the county where the property is located. This involves submitting the original signed and notarized deed along with any required filing fees. The county clerk will officially record the transfer in public records.

 In addition to these title transfer steps, you should also update your property tax records with new ownership information and notify your mortgage lender if applicable. Be advised that removing someone from the deed does not remove them from the mortgage. 

Transferring a real estate title after divorce may feel like another administrative burden, but when you work with an experienced and reputable title agency, the process is easy – and you can feel confident that you’re complying with Florida law. To learn more about title services and real estate law in Florida, get in touch with our team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Titles Services, Inc.