Life changes — marriage, divorce, planning ahead — often mean changing who's named on your Florida deed. It sounds simple, but Florida's homestead rules, the mortgage, and the documentary stamp tax all have a say. Here's how to do it cleanly and avoid the traps that catch people later.
- A deed changes who's on title; it does not change who owes the mortgage.
- Removing a spouse from the deed leaves them liable on the loan — usually a refinance is needed.
- Florida homestead generally requires both spouses to sign to sell or mortgage.
- Adding a spouse to a mortgaged homestead can trigger doc-stamp tax on half the loan.
Adding a spouse (marriage)
To add a spouse, you record a new deed — usually a quitclaim deed — conveying the home from you to you and your spouse. Married couples typically take title as tenants by the entireties, which gives automatic survivorship and shields the home from the individual creditors of one spouse. It's a popular, protective way to hold a Florida home.
Removing a spouse (divorce) — mind the mortgage
In a divorce, the marital settlement usually directs one spouse to quitclaim their interest to the other. But here's the trap: the deed changes ownership, not the loan. If both names are on the mortgage, the person leaving the deed is still liable to the lender. To truly separate, the remaining owner generally has to refinance into their own name.
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The homestead & spousal-signature rule
Florida's constitution protects homestead property, and that protection comes with a requirement: if the home is homestead, both spouses generally must sign to sell or mortgage it — even if only one spouse is on the title. That's why a professional should prepare these deeds; a missed spousal signature can invalidate the conveyance.
⚠️ Doc-stamp surprise: adding a spouse to a mortgaged homestead generally triggers documentary stamp tax on half the outstanding loan balance. On a $400,000 mortgage, that's tax on $200,000. Budget for it — estimate with our doc stamp calculator.
Death of a spouse
If spouses held title as tenants by the entireties (or joint tenants with survivorship), the home passes automatically to the survivor — no probate — and the survivor records the death certificate to clear title. If title wasn't held with survivorship, probate may be required. A clean title search confirms how title is vested before any transfer.
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Changing Who's on Your Deed?
Atlantic Title Firm prepares and records deeds, verifies title, and handles the details across all 67 Florida counties.
General information, not legal or tax advice. Deed changes involving marriage, divorce, homestead, and mortgages have real legal and tax consequences — consult a Florida real estate or family-law attorney, and confirm doc-stamp tax with your title agent.
