Property Q&A in Miami>Question Details

andcas7, Home Owner in Miami, FL

Can I use a quit claim deed to add my partner to the deed?

Asked by andcas7, Miami, FL Thu Sep 19, 2013

I purchased a home about 2 years ago but never had my partner in the loan or warranty deed. Can I use a quit claim deed to add his name to the deed in case something happens to me, like get hit by a bus? If I do so, would I lose my homestead exemption? Is there an easier route I could take? Also, does having the mortgage change anything such as needing some kind of approval from my lender to do so?

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A quit claim deed is also used to add another person to title and that should not affect your homestead as long as this property is your primary residence and you remain in title as well. The quit claim needs to be drafted and recorded accordingly so there are no future issues. An attorney can assist you in determining how you would like to hold title with your partner, prepare the document, send it to recording and pay the appropriate stamps.
1 vote Thank Flag Link Thu Sep 19, 2013
Good Evening,

You ask a very good question about wishing to add a partner to your property for the sake of ensuring that in the event something occurs your interests in the property are protected. My strongest suggestion is that if this is something you truly wish to do, is that you contact a real estate attorney that can ensure that the quitclaim deed is properly prepared and filed base on your particular circumstances so that it does not affect the title to the home in the future. Adding someone to title should not affect your homestead so long as this remains your primary residence. How the quitclaim deed can affect your mortgage would be something the real estate attorney can address with you. In addition someone to the title of your home you will need to consider any future estate ramifications, taxes , etc. I do know of a real estate attorney that also do practice family law and could provide the guidance that you seek. Please feel free to contact me if you have additional questions.

Lila Lopez, CRS, CDPE, e-Pro
RE/MAX Advance Realty
1 vote Thank Flag Link Thu Sep 19, 2013
You can add and removed people in the title of the property as many times you want.

But you have to consider the followings:
Recording fees or taxes at the time of the recording.
You should read the mortgage for all clauses.
You should see legal advice for all other matter regarding a quick claim deed.
0 votes Thank Flag Link Fri Sep 27, 2013
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