Real -Estate knowledge needed

[Tundra]

I want to add my wife's name to my deed. How can I do this without all the B.S. and related closing costs? The Courthouse clerk wouldn't tell me anything, acted like it was some big secret and recommended an attorney. I know there is a form that can be filled out, then recorded into County records. Any real estate savy Valkyrie riders? My goal is to pay off the house, therefore reducing overhead. Then I can buy another Valk Now it's Valk related.

[kickstand]

I did a quick claim deed to have my wife takin off. then I have one ready for when I die my son well sign it but my lawyer did this for me and this is in Mi. You should be to go to your County office for deeds they should be able to tell you what to do

[laserpat]

a title company should be able to help you for a small fee

[Jess from VA]

Tundra, this is a relatively simple task.  The easiest method is a "Quit Claim deed" (not quick).
The method is that you deed your sole ownership interest to both yourself and your spouse, joint and several with right of survivorship. You could also use a warranty deed, but it is a bit more complicated to fill out (and there is no real reason to warranty good title to your wife).  Doing so would remove the requirement that your home be probated at your death.  Joint ownership is the "poor man's trust" for any jointly held assets at either party of a marriage's death. 

Go online (see below), do a little research into Fla deed/forms, download a form, fill it out (you may need a legal decription from your existing deed) , you probably have to (both) take it to a notary with ID, to have signatures notarized (and I'd do two originals, one for you). When completed, one must be taken down to your county register of deeds and recorded (probably a small fee).  Once recorded, it is notice to the (financial) world of joint ownership of the marital home.

It goes without saying that this is a poor idea unless you are certain that there is no possibility of a divorce in your future.  (sorry, just business). 

Filing such a deed makes no change whatsoever to your existing mortgage, where presumably you are the sole obligor.  I also believe there are no tax implications, but I am no tax lawyer and unfamilier with Fla law.

You could call a local title co (you don't need a lawyer), and ask what they would charge for such simple task, but unless it is very cheap, I'd do it myself.

http://www.uslegalforms.com/deedforms/florida-deed-forms.htm

http://www.ehow.com/how_4613797_file-quit-claim-florida.html

http://www.docstoc.com/docs/2889538/florida-quitclaim-deed

http://www.miamilawyer1.com/quit_claim_deed.shtml

http://www.findlegalforms.com/product/florida-quitclaim-deed/

[98 T]

I'm a Realtor in Wisconsin, so I'm not sure if there  differences state-to-state, but what Jess says above is correct -  You individually quit claim the house to the both of you..., sounds weird, but that's what basically happens. Also, if you're in a marital property state (Wisconsin is), the house is already half hers even without filing any paperwork.  But if you go the  quit-claim deed route, a local title company should be able to help you out.  There's probably a small fee ($75- $100) for the title company's involvement and a recording fee (around $11 per page here) to record the 1 or 2 pages of the deed down at the courthouse.

You can also go it alone with those links Jess provided... but I would pay to have another set of eyes at a title company to look it over- they do this type of stuff all day, every day.

Loth

[John Schmidt]

If there is any mortgage on the property, you'll have to pay Documentary stamp tax on it. Can get pricey, depending on the balance. When I got my divorce in Feb. '88, we still owed about half the value of the property; my ex quit claimed from both of us to just me. I got lucky on the Doc stamp thing because the law making it taxable for Doc stamps went into effect either that following July or the next year. As a result, it was only a few bucks for filing it....which I did within an hour of her signing and getting it notarized.    She had been dragging her feet on the entire issue, but was chomping at the bit to follow a guy up to Wisconsin(also was 10 yrs. her junior). So, I played on that tune a little, telling her the longer she holds up the transfer, the longer it will be before she gets to head north. One of the few times she actually listened to reason in 31 yrs.

Now, my current lady love of 16 yrs. still has the house in her former name and won't quit claim it to both of us because of the same rule....we have a small equity line of credit we use from time to time. But the one post is correct re. joint marital property, plus the fact her will already spells out that the house goes to me if she should precede me in death.

So, basically....if you have a mortgage, the last I knew you would owe Doc. stamps on the balance, plus the filing/recording fee. If no mortgage when you do the quit claim, then the recording fee should be about all that's involved. We...my ex and I, got the quit claim forms from the recorders office and they advised us how to fill it out, was really quite simple.

[NoWill]

Call me if you need help...FL Real Estate Broker 20+ years...own my company....352-634-2192

Glenn
aka "NoWill"
Weston Properties, LLC

[ricoman]

DO NOT do a quit claim deed-as suggested, it will make the house hers, not yours.
You will indeed need to quit claim an interest to her but it must be clearly stated in the quit claim deed that you are conveying 50% interest to her (or some other percentage specified).
You are not conveying the entire property to her- rather you are adding her to the title. As you said you want to "add her" to the deed.
A title company is a very good route to take. I would urge you to not attempt to do this on your own. A fair fee will be charged and it will likely be much less than an attorney's fee. I suggest you contact at least three to get prices.
Be sure the deed is written stating you and your wife as owners as "Joint tenants" or "joint tenants with right of survivorship". The title company can explain this term we use here in Florida.
You are not doing anything to the mortgage, consequently there will be no costs or fees associated with that. If there is a mortgage and you are the mortgagor and the only one on the note, adding her to the deed has absolutely no effect on the mortgage. You as the mortgagor would continue to be soley respnsible for repayment of the note and mortgage. My home is owned by my wife and I (we are both on the deed as joint tenants-she is the mortgagor and is on the note, I am not).
There will be a recording fee in your county for the new deed. I do not think you will have to pay doc stamps on the deed although the Florida Dept. of Revenue has talked about initiating this. The only caveat is that, once you have added her to the deed, any and all future transactions involving the property will require your wife as a signor.

[Jess from VA]

Rico, no one was suggesting a quitclaim to her alone.  It is a quitclaim from A (sole owner), to A and B as husband and wife as joint tenants with right of survivorship. 

[Lil D]

i concur with ricoman... one exception. mortgage holder may need consent. most mortgages have a due on transfer language.

definately, use title co in FL.  the way to go.

good luckl

[Curley Wolf]

Was a Real Estate Broker in AR for 30 years and, here, an individual COULD prepare a Quit Claim Deed by using a simple form.  I'd suggest using a copy of the deed where you took title as your source for the legal description and type it on the QCD form just that way.  Under the "Grantor"-name, I'd use your name only and, under the "Grantee"-name, I'd put YOUR NAME AND YOUR WIFE'S NAME.  There is no incurrance of transfer tax here for in-family transfers like this.  If you can get your hands on a QCD-form and prepare it and take it to the Courthouse for recording, the recording fee should be the only charge.  If you don't feel dcomfortable doing this, go to a title company where there'll probably be an attorney or someone who can give you directions.  GOOD LUCK. 

[Tundra]

Great Responses. Thank you all, I appreciate your advice

[Robert]

"Quit Claim deed Like the man said it doesn't alter the original note but will change ownership of the house. I dont know what the issue is but you can hold on to it and file it when necessary. If she wants access to service the loan then her name will need to be added that she may talk to the mortgage company about the loan. This doesn't alter who holds the note just who they can legally talk to. Like was said I would consider the deed with quite a bit of thought, a will does give her security in case anything happens to you and can be changed easily. The only thing this doesn't do in the case of your death the bank or fiance company are going to want their money now and she will have to arrange her own financing that is unless you get her a insurance policy that pays the house off in case of death. The last thing is look into trusts as a possible way to go it is like forming a company and putting your house in that name.