How To Transfer a Home Title
When you buy or sell a home or some other parcel of real estate, one crucial step in the transaction is to legally transfer the title to the property. A property deed is a physical document reflecting the change in ownership.
The Palm Coast real estate lawyers of Chiumento Law, PLLC, can assist you with your home title transfer, deed preparation, and other due diligence before you close on a real estate transaction in Flagler or Volusia County, Florida. Our law firm represents buyers, sellers, and lenders to ensure that each real estate transaction goes smoothly and that any issues are quickly recognized and resolved.
Contact Chiumento Law, PLLC today at (386) 445-8900 or online for legal assistance with your next real estate transaction.
5 Steps Necessary To Transfer Florida Real Estate
There are five steps needed to transfer real estate in Florida:
- Find the existing deed to the property. The current property deed states the legal description of the property – lot and block descriptions in subdivisions and metes and bounds descriptions for non-subdivision property – and the exact name of the current grantor (seller). This information must be recorded correctly on a new deed.
- Determine whether the property is a Florida homestead. Florida’s homestead laws protect qualifying Florida homeowners from having their homes forcibly sold to pay creditors. The law also prevents a married person who owns a Florida homestead from transferring the home without the participation of his or her spouse in most cases. In many cases, creating a Florida tenancy by the entirety is the simplest way to demonstrate that the spouse signed off on a property transfer. A tenancy by the entirety treats a married couple as a unit, with each spouse considered to own the entire property.
- Prepare a new deed transferring the property to the new deed. Florida law recognizes a few different classes of real estate ownership. Most deeds record “fee simple” ownership. If you own property in fee simple, you can do essentially whatever you want with it within the bounds of the law. Other deeds grant a “tenancy for years,” basically a lease of real estate for a defined period, or a “life estate,” in which ownership lasts until the owner dies and, generally, ownership then passes to a new heir.
- Execute the deed. The grantor and two witnesses must sign a deed for it to be valid. The grantor’s signature must also be notarized. If the grantor’s spouse has any homestead rights, the grantor’s spouse may also need to sign the deed. A lawyer assisting with a deed transfer can notarize signatures, and individuals from a law firm can act as witnesses as long as they are not a party to the deed.
- File the deed with the county clerk. The signed, notarized, new deed must be filed among the land records of the clerk of the county where the property is located. There will be recording fees and documentary stamp taxes to be paid when the deed is filed.
Types of Deeds Used To Transfer Title and Ownership of a House
Most home title transfers are recorded with either a general warranty deed or a quitclaim deed.
- General Warranty Deed. When a grantor signs a general warranty deed, they assert that:
- They are the current owner of the property
- They have the right to transfer the property
- There are no undisclosed liens or encumbrances
- There is no defect of title that will interfere with the new owner’s ability to use the property
- They agree to protect the new owner from damages caused by a title defect and to defend the buyer against all claims by others to the property.
- Quit Claim Deed. A grantor uses a quit claim deed to disavow any interest or guarantees about the property. A quit claim deed may be used when title defects are found. Because it does not provide any warranties or transfer fee simple title, the new owner is advised that the deed does not offer them any legal protections against claims to or encumbrance on the property. There is no guarantee that the property is owned free and clear or that there are no easements or restrictions on its use.
Other types of deeds are variations on the general warranty and quit claim deeds.
- Statutory Warranty Deed. This is a short-form version of the general warranty deed, which was created by a Florida statute and provides the same five assertions as a general warranty deed. It may not state that the title is guaranteed to be clear. Instead, because it is a form established by state law, this guarantee is implied and is legally enforceable.
- Special Warranty Deed. A special warranty deed conveys the title to the new owner with the same five assertions as a general warranty deed. However, the grantor only makes the assertions for the time they held title to the property instead of warranting the property for all previous owners.
- Fee Simple Deed. A fee simple deed only conveys title to the property to the new owner. It does not provide any warranties, covenants, or guarantees.
- Life Estate Deed. Life estate deeds are often used in estate plans to transfer property to one or more heirs for and during their natural lives. When the person dies, the property then passes to another person in fee simple.
- Personal Representative’s Deed. When the personal representative of a deceased individual’s estate (or the executor of a will) transfers real property from the estate to an heir or a buyer, they use this special deed. In most cases, it is based on a fee simple deed and does not contain warranties or covenants.
Get in Touch with Our Palm Coast Residential Real Estate Attorneys to Help with Your Home Title Transfer
An experienced residential real estate lawyer from Chiumento Law can help you with all aspects of buying or selling a home. We know Florida real estate law. A lawyer can ensure that all the details in the deed are accurate and precise and that the deed is properly and promptly recorded with the local county clerk’s office.
Don’t risk a legal problem with the biggest financial transaction in your life. The attorneys at Chiumento Law, PLLC, bring 50 years of real estate experience to the table to help clients. Contact our firm today at (386) 445-8900 or online for efficient and effective professional representation during your next real estate transaction.
About the Author
Chiumento Law, PLLC is one of the oldest law firms in Flagler and Volusia counties. The well-respected law firm is a full-service firm, with attorneys providing legal services to individuals, families, and businesses in Florida in a broad range of areas. Our practice areas include Elder Law, Bankruptcy Law, Family Law, Estate Planning, Business and Corporate Law, Real Estate law, Immigration Law, Criminal Law and Construction Law. The firm has offices in Palm Coast and Ormond Beach and handles both criminal and civil cases. At Chiumento Law, PLLC, we are proud of our long-term commitment to the Flagler and Volusia County community. Our lawyers are all active community members, and many have served in multiple positions in local government and community organizations.
Please contact us at (386) 445-8900 with any questions or to schedule a consultation.