Deed Preparation and Transfers in Miami

Arturo R. Alfonso P.A. prepares and records deeds for Miami-Dade property owners in English and Spanish: adding or removing an owner, transfers after a marriage or a divorce, gifts to family, and moves into a trust or a company. This page explains how the firm handles a deed from the first call to the recorded copy, and what to check after recording.

If you are still deciding which kind of deed you need, start with our guides on adding or removing someone from a deed, warranty deeds versus quitclaim deeds, when a quitclaim deed fits, and lady bird deeds. This page covers the work itself: what we review, what goes on the document, and what happens once it is signed.

Stage 1: Learning What the Transfer Is For

A deed is a short document with long consequences, so the first conversation is about the goal, not the form. Who owns the property today, and how does the current deed describe them? Who should own it afterward, and in what shares? Is there a mortgage? Is the property anyone’s homestead? Is the transfer part of a divorce, an estate plan, or a sale? The answers decide which deed we prepare, who must sign it, and what tax applies.

We also pull the current vesting deed from the Official Records of the Miami-Dade Clerk of the Court and Comptroller. The new deed must carry the same legal description the prior deed used, not the mailing address, and the names of the people signing must match how they took title.

Stage 2: Checking Who Has to Sign

Every current owner who is giving up an interest must sign. Nobody can be taken off a deed by a deed they did not sign. If a co-owner refuses, the route is usually negotiation or, failing that, a partition action: under Section 64.031, Florida Statutes, any joint tenant or tenant in common may file one against the other co-owners, and Section 64.011 places partition in chancery, the circuit court’s equity side. For Miami-Dade property, that is the circuit court of the Eleventh Judicial Circuit.

Homestead adds a signer who may not be on the title at all. Article X, Section 4(c) of the Florida Constitution lets an owner of homestead sell, mortgage, or give it away only with the spouse joining, if the owner is married. A deed of a married owner’s homestead without the spouse’s signature can become a title defect that surfaces years later, when the property is sold.

Stage 3: Drafting the Deed

Under Section 689.01, a deed must be in writing and signed in the presence of two subscribing witnesses. Before the Clerk will record it, Section 695.26 requires the printed name and post office address of each person who signed, the name and address of the person who prepared it, the printed name and post office address of each witness, the printed name of the notary, and a blank space at the top right of each page for the Clerk. We build each of those into the draft and send it to you to review before anyone signs.

We also work out the documentary stamp tax before signing. Under Section 201.02(1)(a), consideration includes the amount of any mortgage on the property, whether or not the new owner assumes it, so a family deed can owe tax even when no money changes hands. Section 201.02(7) carves out two spouse transfers: a deed of the marital home between spouses or former spouses under a dissolution of marriage action, and a deed of homestead between spouses when the only consideration is the mortgage. Whether either fits is a question we answer on your facts before the deed is recorded, not after.

Stage 4: Signing and Recording

You sign before two witnesses and a notary. Section 689.01 also allows witnesses to be present and sign electronically by audio-video communication technology when that procedure is followed. We then record the original with the Miami-Dade Clerk’s Office of County Recorder, in person at the Osvaldo N. Soto Miami-Dade Justice Center, by mail, or through an approved eRecording vendor, and pay the documentary stamp tax at the Miami-Dade rate.

Recording is not a formality. Under Section 695.01(1), an unrecorded conveyance is not good against creditors or later purchasers for value who had no notice of it. A signed deed kept in a drawer protects much less than a recorded one.

Stage 5: After Recording

A new deed can change the property tax picture. Under Section 193.155(3)(a), a change of ownership of a homestead generally means the property is assessed at just value as of the next January 1, which ends the Save Our Homes cap; the statute lists exceptions, including a transfer between spouses. A new owner who lives in the home must apply for the homestead exemption with the Miami-Dade Property Appraiser on or before March 1 under Section 196.011. We tell you which of these applies to your transfer.

A deed changes ownership, not the loan. Removing someone from the title does not remove them from the mortgage, and a transfer can raise questions under the loan’s terms, so we suggest you speak with your lender before signing. We also suggest updating your homeowner’s insurance to name the new owners, and signing up for the Clerk’s free Property Fraud Alert, which emails you when a document is recorded in your name (see quiet title actions for what happens when a deed is forged).

What to Bring to Your First Meeting

• Your current deed, or the address and folio number so we can pull it.
• Mortgage statements for any loan on the property.
• Your most recent property tax bill, showing any homestead exemption.
• The full legal names and mailing addresses of everyone who will sign or receive title.
• Any divorce judgment, marital settlement agreement, death certificate, or trust document behind the transfer.

Related Pages

• Real Estate Law in Miami
• How do I add or remove someone from a deed in Florida?
• Warranty deed vs. quitclaim deed: what is the difference?
• What is a lady bird deed in Florida?
• Title search and title insurance in Miami