Whether it’s a divorce, a death in the family, or a co-owner who wants out — removing someone from a property deed in Florida is something we help clients with regularly. But here’s the important thing to understand upfront: you cannot simply “remove” a name from an existing deed. A new deed must be prepared, signed, and recorded.
How Deed Removal Actually Works in Florida
There is no form you can file that says “remove this person.” Instead, the person being removed must sign a new deed — typically a Quitclaim Deed — transferring their ownership interest to the remaining owner(s). The new deed is then recorded with the county clerk’s office, and the old deed is effectively superseded.
Scenario 1: Removing an Ex-Spouse After Divorce
This is the most common reason people need to remove a name from a deed in Florida. Here’s how it works:
- Your final judgment of divorce should specify who gets the property
- The ex-spouse signs a Quitclaim Deed transferring their interest to you
- Court-ordered transfers are typically exempt from documentary stamp tax in Florida
- The deed must still be witnessed by two people and notarized
What if your ex-spouse refuses to sign? If the divorce judgment awards you the property and your ex won’t cooperate, you can petition the court to enforce the judgment. The court can appoint a clerk to execute the deed on their behalf.
Scenario 2: Removing a Deceased Co-Owner
What happens depends on how the title was held:
- Joint tenants with right of survivorship or tenants by the entireties (married couples) — the property automatically passes to the surviving owner. You typically need to record a death certificate and an affidavit of survivorship with the county clerk. No new deed is required.
- Tenants in common — the deceased person’s share does NOT automatically pass to you. It goes into their estate and must be handled through probate or according to their will or trust.
Scenario 3: Voluntary Removal of a Co-Owner
If a family member, business partner, or other co-owner wants to voluntarily give up their interest in the property:
- They sign a Quitclaim Deed transferring their interest to the remaining owner(s)
- Documentary stamp tax may apply depending on whether there is a mortgage and the nature of the transfer
- If the transfer is a gift (no money exchanged), gift tax rules may apply for non-spousal transfers over $18,000
The Mortgage Warning
Critical point: Removing someone from the deed does NOT remove them from the mortgage. These are two completely separate legal documents. If both names are on the mortgage, the removed person is still liable for the loan. The only way to remove someone from a mortgage is to refinance in the remaining owner’s name only.
Can You Remove Someone Without Their Knowledge?
No. Under Florida law, you cannot remove someone from a deed without their knowledge or consent. The person being removed must sign the new deed. Forging a signature on a deed is a felony in Florida. If someone has been added to your deed without your knowledge, or if you need to dispute a deed, consult an attorney.
Florida Requirements for All Deed Transfers
- The deed must be signed by the grantor (the person giving up their interest)
- Two witnesses are required
- The grantor’s signature must be notarized
- The deed must be recorded with the county clerk where the property is located
- Applicable documentary stamp tax must be paid at recording
We Can Help
At Noble Notary & Legal Document Preparers, we prepare quitclaim deeds for all removal scenarios — divorce, family transfers, and voluntary removals. 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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