Yesner Law
Free Initial Consultation
Local 813-774-3013
Toll Free 877-531-4931

Title Issues raised by Marital Status

Why do Title Deeds in Florida recite the marital status of the grantor, or contain a statement that the property does not constitute the homestead of the Grantor?

Article X, Section 4 of the Florida Constitution provides that "The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse."

This means that homestead rights to a FL property flow through the owner of the property, rather than the spouse. Therefore:

  • If a single person owns the house, the deed should recite that the grantor is a single person, or if the owner does not live in the house that the property is not the homestead of the grantor.
  • If a married person owns the house and the spouse is not on the title to the house, then the deed should be signed by the owner, joined by the spouse.  Or, if the owner does not live in the house then the deed should recite that the property is not the homestead of the grantor.
  • If a married person owns the house with the spouse on title, then the deed should be signed by both husband and wife, and recite that they are husband and wife.

One myth is that if the parties are separated and the wife has signed a quit-claim deed giving title to the husband, that the wife does not have to sign the deed. This is false. If the wife conveys her interest to her estranged husband and they are not divorced, the wife must still sign a deed conveying the property, unless the husband and wife both do not reside at the property in which case the husband can include on the conveyance document that the property does not constitute his homestead (see the analysis above).

For more information on title and ownership of property, please subscribe to the Yesner Law Podcast, on iTunes and Stitcher. If you prefer, please contact us to schedule a free initial consultation to discuss your options at 813-774-5737 or email me directly at shawn@yesnerlaw.com.

Shawn M. Yesner, Esq., is the founder of Yesner Law, P.L., a Tampa-based boutique real estate and consumer law firm that helps clients eliminate debt by providing options, so they can live the lifestyle of their dreams. We assist clients with asset protection, the sale and purchase of real property, Chapter 7 liquidation, Chapter 13 reorganization, bankruptcy, foreclosure defense, debt settlement, landlord/tenant issues, short sales, and loan modifications in Tampa, Westchase, Odessa, Oldsmar, Palm Harbor, Clearwater, Pinellas Park, Largo, St. Petersburg, and throughout the greater Tampa Bay area.

No Comments

Leave a comment
Comment Information

How Can We Help?

free initial consultations Complete our online contact form or call 813-774-3013

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Information

Yesner Law
13135 W. Linebaugh Ave., Suite 102
Tampa, FL 33626

Toll Free: 877-531-4931
Phone: 813-774-3013
Fax: 813-344-0950
Map & Directions