What is a deed called in Florida?
There are essentially four basic types of deeds in Florida and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed.
What does it mean to be put on a deed?
A deed that conveys an interest in your real estate ownership (“adds someone on”) has the legal effect of giving that additional person the same bundle of rights to which you are entitled. Once the conveyance happens, it cannot be undone except with that other additional owner’s consent.
What is a deed in legal terms?
A deed is a written document which is executed with the necessary formality (that is, more than a simple signature), and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds are generally enforceable despite any lack of consideration.
How do I add someone to my deed in Florida?
Add Name to House Deed in Florida
- Download a blank copy of the Florida General Warranty Deed that is available from your county’s deed assessor, county courthouse or property records department.
- Complete the form.
- Get the form notarized in person with the person being adding to the deed.
What are the requirements for a contract in a deed?
The contract must be in writing and signed by the vendor and vendee to comply with the statute of frauds. The terms of a contract for deed will vary from contract to contract, but some terms are pretty common. The contract will outline the principal and interest as well as any required down payment.
What are the different types of deeds in Florida?
This deed not only conveys fee simple title to the property from the seller to the buyer, but also provides, at a minimum, certain covenants of title, one of which is a warranty of title to the buyer. A covenant is an assertion or promise that certain facts or circumstances are true.
What happens to a Florida life estate deed?
Traditional life estate deeds in Florida have a few problems. For instance, if the remainderman dies before the creator of the deed, then the property has to go through probate.
What makes a quit claim deed valid in Florida?
A Florida quitclaim deed won’t be valid unless it contains the names and notarized signatures of the transferor and the transferee, with two witnesses, as well as the legal description of the property. What is a Quitclaim Deed in Florida? A quitclaim deed is a legal document you use in Florida to convey an interest in real property.
When to use the correct legal description for a deed?
When preparing a deed, it is important to use the correct legal description. In most situations, the best practice is to use the legal description from the most recent deed to the property. There are a few different types of legal descriptions (discussed below), but these distinctions are often irrelevant to the deed preparation process.
How does a real estate deed work in Florida?
Real estate in Florida, whether it is an estate, an interest of freehold, or a lease for a term of more than one year in any land, tenements, or hereditaments is created, made, granted, transferred, or released by a deed in writing, signed before two subscribing witnesses by the party granting the estate.
What happens if you put your name on a deed in Florida?
However, if the deed does not specifically state specific language, such as Joint Tenants with Rights of Survivorship, then the property may pass in accordance with Florida probate laws and not necessarily as the original owner would have preferred.
What is a fee simple deed in Florida?
The Fee Simple Deed. With a Fee Simple Deed, like with Warranty Deeds and Special Warranty Deeds, the seller conveys fee simple title, but unlike with Warranty Deeds and Special Warranty Deeds, the seller provides no warranties or covenants of title it simply conveys the fee simple title.
What do you need to know about a Florida warranty deed?
A statutory form for a warranty deed appears in 689.02 of the Florida Revised Statutes. A conveyance may be in substantially the following form as provided by statute and must contain words of conveyance or a granting clause. The warranty deed, which contains covenants of title, is a popular form for a conveyance of real property in this state.