Property ownership type on my house title
November 20, 2016 9:13 AM   Subscribe

My husband and I bought a house in Florida 10 years ago. We have been living in it and plan to continue living in it as long as possible. For estate planning purposes, I'm wondering if the way our warranty deed is worded is appropriate.

I pulled up a copy of the warranty deed on the county Property Appraiser's website. It says, "[my name], Joined By [husband's name], Her Husband".

I looked up some examples of other married couples' deeds in Florida. There are a few quitclaim deeds where people named are the same, but the wording is different.

BEFORE: The grantor is "[woman's name], Joined By Her Husband, [man's name]".
AFTER: The grantee is "[woman's name] and [man's name], Husband and Wife, as Tenants by the Entirety".

1) What is the difference between the Before and After type of property ownership? Why would they have the deed changed even though it looks to me as if the result is the same (the surviving spouse will inherit the entire property)?

2) Should we have the wording changed on our deed? I want to make sure that in the event of one of us passing, the other will have no problem staying in the house.
posted by cynical pinnacle to Law & Government (3 answers total)
 
Your first question asks for very specific information about Florida property laws and your second question asks for legal advice. If you want to make sure that you get accurate information, you should speak with a licensed Florida lawyer. If you contact a local bar association (city or county), they may be able to refer you to someone for a free or very low cost consultation. Also, most people who will leave more than a minimal estate when they pass would benefit from speaking with an estate planning attorney - if that's something you're planning to do, your attorney will be able to answer your questions.

For general information on some different types of property ownership, this Wikipedia article might be helpful - I just skimmed it so I definitely can't verify that it's all correct, and for all I know Florida has a totally different system than the article describes.
posted by insectosaurus at 3:41 PM on November 20, 2016


IANA Florida lawyer so don't take this as legal advice or even as correct.

In looking at the way the parties are named on different deeds, you seem to be making a distinction between one deed being a warranty deed, and the other deed being a quitclaim deed.

The fact that a deed happens to be a quitclaim deed or a warranty deed would not make any difference in the way the parties are named. The warranty and quitclaim designations refer to the rights granted by the deed, and are irrelevant to your question here.
posted by JimN2TAW at 11:33 AM on November 21, 2016


Thank you everyone for responding - I appreciate it!
posted by cynical pinnacle at 10:05 AM on December 10, 2016


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