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In preparing a Quitclaim Deed form, it asks whether the grantor

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In preparing a Quitclaim Deed form, it asks whether the grantor and grantees are married or not married. What should be entered since they are both separated

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

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.

Customer:

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.

TMcJD :

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?

Customer:

Yes I'm married and have been separated for two years. My spouse is not a grantee and is not listed on the title.

TMcJD :

Okay, is this homestead property?

Customer:

No, I'm the process, just moved in April, 2013

TMcJD :

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.

TMcJD :

If they are only separated and not legally divorced, then they must still be identified as "married."

Customer:

Ok. Great. Thank you very much for your help

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