[FL] Who should be listed as the grantor on a quit claim deed when one spouse takes the house during a divorce?
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In Florida, when one spouse is conveying their interest in jointly owned property to the other via quit claim deed, the spouse who is giving up their ownership rights is the grantor. The spouse who is keeping the property is the grantee (FL Stat § 689.025).
In your situation:
- Grantor: Your soon-to-be ex-wife (since she is the one giving up her ownership interest).
- Grantee: You (since you are retaining full ownership).
Why not list both names as grantors?
Because only she is transferring her ownership interest. If you list yourself as a grantor too, it would imply that you are also giving up your interest — which you are not doing.
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My soon to be ex-wife and I are both on the deed to our house. We decided that I would keep the house. While filling the quit claim deed, do we fill both our names as grantor or just her name as grantor?
I understand the importance of getting this right. Have you both agreed on how the property will be transferred to you?
Yes.
Have you consulted with a real estate lawyer to ensure the quit claim deed is filled out correctly?
No, that’s why I'm here. The only question I have is, are we both the grantor or just her?
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your quit claim deed.
No, that’s it.
Hi there! I'm Andres Sanchez, a Florida real estate expert. I understand you're navigating the quit claim deed process, and I'm here to help you with your questions.
In Florida, when one spouse is conveying their interest in jointly owned property to the other via quit claim deed, the spouse who is giving up their ownership rights is the grantor. The spouse who is keeping the property is the grantee (FL Stat § 689.025).
In your situation:
- Grantor: Your soon-to-be ex-wife (since she is the one giving up her ownership interest).
- Grantee: You (since you are retaining full ownership).
Why not list both names as grantors?
Because only she is transferring her ownership interest. If you list yourself as a grantor too, it would imply that you are also giving up your interest — which you are not doing.
Ok, that’s all I needed. Thank you so much.
You're welcome. I hope everything works out for you.
