How Do I Add or Remove Someone From a Deed in Florida?

There Is No “Editing” a Deed: You Record a New One

A recorded deed is permanent. Florida law doesn’t let you cross a name off or pencil one in; every change of ownership requires a brand-new deed that transfers the property from the current owner(s) to the new owner(s). To add your spouse, for example, you’d sign a new deed from yourself to yourself and your spouse. To remove a co-owner, that co-owner signs a new deed conveying their interest to whoever remains.

That last point matters: no one can be removed from a Florida deed involuntarily. If a co-owner won’t sign, your options are negotiation or a court proceeding (typically a partition action under Section 64.031), not a new deed.

Which Deed Should You Use?

Most family transfers use a quitclaim deed, which conveys whatever interest the signer has without any title warranties. It’s fast and inexpensive, and it’s fine when the parties know and trust each other: spouses, parents and children, divorcing couples. A warranty deed adds title guarantees and is generally preferred when the new owner wants protection. An attorney can tell you which fits your situation.

Signing and Recording Requirements

Florida requires the grantor to sign the deed in the presence of two witnesses and a notary public, with each witness’s name and address printed on the document. The deed must also include the property’s legal description (taken from the prior deed, not the mailing address) and the preparer’s name and address (Section 695.26), and it usually carries the parcel ID. It’s then recorded with the Clerk of Court in the county where the property sits. In Miami-Dade, recording costs about $10 for the first page and $8.50 for each additional page; confirm the current fee with the Clerk.

Watch Out: Taxes and the Mortgage

Documentary stamp tax. Florida taxes deed transfers at 70¢ per $100 of consideration (in Miami-Dade, 60¢ per $100 for a single-family home). Here’s the surprise: if the property carries a mortgage, the mortgage balance counts as consideration (Section 201.02(1)(a)), so adding someone to a mortgaged property can trigger tax on their share of the loan balance. Section 201.02(7) exempts two spouse transfers: a deed of the marital home between spouses or former spouses under a dissolution of marriage, and a deed of homestead between spouses when the only consideration is the existing mortgage. A true no-consideration transfer of unmortgaged property owes only the minimum 70¢.

The mortgage itself. A new deed changes ownership, not the loan. Removing an ex from the deed does not remove them from the mortgage; only refinancing or a formal lender release does that. And transferring an interest can trigger the loan’s due-on-sale clause, so check with the lender first.

Homestead and tax consequences. If the property is your homestead, your spouse must sign the deed even if they’re not on the title. Adding or removing owners can also affect your homestead exemption, your Save Our Homes cap, and, for gifted interests, the recipient’s tax basis. Alternatives like an enhanced life estate (“Lady Bird”) deed often accomplish the same goal with fewer side effects.

Changing a Deed in Miami-Dade County

In Miami-Dade, new deeds are recorded with the Clerk of the Court and Comptroller’s Recording Section, together with payment of documentary stamp tax: 60¢ per $100 for single-family homes here (other property types add a 45¢ surtax). Arturo R. Alfonso P.A. has prepared and recorded deeds for Miami-Dade families for 30 years, in English and Spanish, from adding a new spouse in Kendall to removing an ex after a divorce in Cutler Bay. Our page on deed preparation and transfers in Miami walks through how we handle a deed from the first call to the recorded copy, and at the consultation we will tell you who must sign, what tax applies, and what to expect on timing.

Related Questions

• What is a quitclaim deed and when should I use one?
• Warranty deed vs. quitclaim deed: what’s the difference?
• What is a lady bird deed in Florida?
• What are common title defects and how are they fixed?
• Deed preparation and transfers in Miami
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