Adding someone to a property deed in Florida is a decision that carries significant legal and financial weight. Whether you’re doing it for estate planning, marriage, business, or gifting purposes, the process involves more than just filling out a form—it requires precision, clarity, and understanding of Florida property laws.
At Lumsden Law, we help individuals and families throughout Florida make smart, secure real estate decisions. Below, we break down the key steps and considerations to help you add someone to a deed the right way.
Why Add Someone to a Deed?
There are several reasons why you might want to add another person to your property deed:
- Gifting Property – Parents may want to transfer partial ownership to a child.
- Marriage – Spouses may wish to share legal ownership of the marital home.
- Estate Planning – To simplify inheritance and avoid probate delays.
- Shared Ownership – For investment purposes or to share financial responsibility.
- Business Partnerships – Adding a partner to commercial real estate holdings.
Whatever your reason, how you structure ownership will impact your rights moving forward.
Types of Property Ownership in Florida
Florida recognizes several forms of co-ownership, and the choice you make matters:
1. Joint Tenancy with Rights of Survivorship
Each owner has equal shares, and when one passes away, their interest automatically transfers to the surviving owner(s).
Example: Adding your spouse to your deed so they inherit the home automatically upon your passing.
2. Tenancy in Common
Each owner holds a specific share, which can be unequal and passed down through a will or trust—not automatically transferred.
Example: Two siblings inherit a home but own it in different percentages.
3. Tenancy by the Entirety
Exclusively for married couples, this form of ownership protects the property from certain individual debts and ensures full transfer to the surviving spouse.
Example: A couple adds each other to the deed after getting married to unify ownership and strengthen protection.
Understanding which ownership type aligns with your goals is key to avoiding future complications.
How to Add Someone to a Deed in Florida: Step-by-Step
Adding someone to a deed requires attention to detail. Here’s how it works:
1. Obtain the Current Deed
Start by securing a copy of the existing deed from your local county recorder or property appraiser’s office. This document confirms legal ownership and includes the property’s legal description.
Review the deed carefully for:
- Ownership names
- Liens or encumbrances
- Errors in title that may need correction
2. Choose the Correct Deed Type
In Florida, there are several types of deeds used for property transfers:
- Quitclaim Deed – Common for family transfers; it provides no warranties, just a transfer of whatever interest the current owner has.
- Warranty Deed – Often used in sales; it guarantees a clear title and offers more protection to the new owner.
- Special Warranty Deed – Used in commercial or business transactions; it provides limited protection.
Choosing the right type of deed depends on your goals and the relationship between the current and new owners.
3. Draft the New Deed
A legally valid deed must include:
- Full names and addresses of both the current and new owners
- The property’s full legal description (as stated in the original deed)
- Type of ownership being established (e.g., joint tenancy, tenancy by the entirety)
- Consideration (e.g., “Ten dollars and other good and valuable consideration”)
Having an attorney draft the deed ensures accuracy and compliance with Florida real estate law.
4. Sign, Witness, and Notarize the Deed
Florida law requires:
- Two witnesses to the deed signing
- A notary public to verify the signatures
- Both spouses to sign if the property is a homestead, even if only one is on the original title
Improper execution can result in the deed being declared invalid.
5. Record the Deed
After signing, the new deed must be filed with the Clerk of Court in the county where the property is located. This step:
- Makes the transfer official and legally enforceable
- Involves paying a recording fee and documentary stamp tax, based on the property’s value
Once recorded, the deed becomes part of the public record and updates ownership on file.
Common Mistakes and Legal Risks
Adding someone to your deed is not without risks. Be aware of:
- Unresolved title issues – Errors or old liens can create complications
- Unintended tax consequences – Transferring property may trigger gift taxes or reassessments
- Family disputes – Adding relatives can sometimes lead to disagreements or legal disputes down the line
- Inheritance confusion – If not planned properly, the added person’s heirs may gain rights to the property
- Mistakes in execution – An improperly prepared or signed deed can be challenged or voided
These are just a few reasons why seeking legal guidance is strongly advised.
Let Lumsden Law Help You Do It Right
At Lumsden Law, we understand that real estate is one of your most valuable assets. Whether you’re preparing for the future, restructuring ownership, or helping family, our team ensures your deed transfer is:
- Legally sound
- Strategically structured
- Compliant with Florida law
- Aligned with your financial and estate goals
Get in touch with Lumsden Law today to schedule a consultation and take the next step with confidence.
