Real Estate Law
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Could you please provide some more detail? How many grantors? How many grantees? Is this a former husband and wife that are now legally divorced and one is transferring property to the other? Or are they still legally married and only separated? Thanks.
There is one grantor and two grantees. The grantor is also one of the grantees. They are married, and separated but not to each other.
So, you are married -- correct? Is your spouse a grantee? Is your spouse currently listed on title to the property being transferred by quitclaim deed?
Yes I'm married and have been separated for two years. My spouse is not a grantee and is not listed on the title.
Okay, is this homestead property?
No, I'm the process, just moved in April, 2013
Okay. In Florida, even if a spouse is not on title, that spouse must sign on any deed for property that is homesteaded (because a spouse gets homestead rights). But, if it's not homestead property, then your spouse doesn't need to sign. Nonetheless, you would identify yourself as a married person on the quitclaim deed and indicate you're deeding non-homestead property. You would similarly identify the grantees as married -- x, a married person, and y, a married person.
If they are only separated and not legally divorced, then they must still be identified as "married."
Ok. Great. Thank you very much for your help