One of the most common questions we get from married couples in Florida is: “How do I add my spouse to the deed on my house?” Whether you just got married, refinanced, or simply want both names on the title — it’s a straightforward process, but there are some tax traps you need to know about before you file.
Why Add Your Spouse to Your House Deed?
There are several reasons Florida homeowners add a spouse to the deed:
- Marriage — you owned the home before getting married and want your spouse on the title
- Estate planning — ensuring your spouse inherits the property automatically through tenancy by the entireties
- Mortgage refinancing — some lenders require both spouses on the deed
- Asset protection — Florida’s tenancy by the entireties provides powerful creditor protection for married couples
Which Deed Should You Use?
In most cases, a Quitclaim Deed is the simplest and most common way to add a spouse to a Florida house deed. Since you’re transferring between spouses (not strangers), there’s no need for title warranties — you already know the history of the property.
The deed should specify that you and your spouse will hold title as “tenants by the entireties,” which is the default for married couples in Florida and offers the best legal protection.
The Documentary Stamp Tax Trap
Here’s where most people get surprised. Florida charges a documentary stamp tax of $0.70 per $100 on deed transfers. But there’s an important exception and a common trap:
- No mortgage on the home? The transfer between spouses is typically exempt from documentary stamp tax.
- Mortgage on the home? You may owe documentary stamp tax on half the remaining mortgage balance. When you add a spouse, they’re effectively taking on half the mortgage liability, which Florida considers taxable consideration.
Example: If you owe $200,000 on your mortgage and add your spouse, the taxable amount is $100,000 (half the balance). At $0.70 per $100, that’s $700 in documentary stamp tax.
This catches many people off guard. We help you understand the exact cost before you file.
What About Federal Gift Tax?
Good news here. Transfers between U.S. citizen spouses qualify for the unlimited marital deduction under IRS Code Section 2523. That means:
- No federal gift tax owed
- No gift tax return required (in most cases)
- No impact on your lifetime gift tax exemption
Exception: If your spouse is not a U.S. citizen, the rules are different and annual gift limits apply. Consult a tax professional in that case.
Will It Affect My Homestead Exemption?
Adding your spouse to your Florida homestead deed generally does not affect your homestead exemption or your Save Our Homes cap. Spousal transfers are protected under Florida law. However, the deed must be filed correctly to avoid any issues with your county property appraiser’s office.
Step-by-Step Process
- Prepare the Quitclaim Deed — include the legal description of the property, both names, and the correct vesting language (“tenants by the entireties”)
- Sign with two witnesses — Florida requires two witnesses for all deed transfers
- Notarize the deed — the grantor’s signature must be acknowledged by a notary public
- Record with the county clerk — file the deed in the county where the property is located
- Pay applicable taxes — documentary stamp tax (if any) is due at recording
Common Mistakes to Avoid
- Forgetting the mortgage company — some mortgages have a “due-on-sale” clause. In practice, most lenders don’t enforce this for spousal transfers, but it’s worth checking with your lender first.
- Wrong vesting language — if the deed doesn’t specify “tenants by the entireties,” you may miss out on Florida’s creditor protection for married couples.
- Incorrect legal description — the property description must match your county records exactly.
- Missing witnesses — Florida requires two witnesses on all deeds. Miss this and the deed won’t be valid.
We Can Help
At Noble Notary & Legal Document Preparers, we prepare quitclaim deeds for spousal transfers every week. Document preparation starts at $225, or get full service for $400 (includes notary and two witnesses via mobile or remote online notarization).
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