[FL] Who is a grantor and grantee on a quitclaim deed?
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In a QuitClaim deed, the grantee is the person (or people) who will receive ownership of the property interest being conveyed. If the intent is to place the property in both spouses’ names, then both spouses should be listed as grantees, even if only one spouse (the current titleholder) is acting as grantor.
This is because the deed functions to transfer the grantor’s interest into joint ownership, and failing to include both names on the grantee side could leave title solely in the one spouse’s name, defeating the purpose of the correction.
Florida and most other states also require clarity about the form of ownership—whether the spouses are taking title as “tenants by the entirety” (available to married couples), “joint tenants with right of survivorship,” or “tenants in common.” Using the proper language is critical because it governs inheritance and survivorship rights.
If your goal is to correct the record so that both husband and wife own the property together, the corrected QuitClaim deed should clearly state both names as grantees along with the desired form of ownership, otherwise the county recorder may accept the filing but the deed will not reflect your actual intent.
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I have been working on a QuitClaim deed and my problem is that I found it confusing to select the “grantee” for both spouses. I’d like to get this right. I don’t know how I missed it when going through the application.
I understand that dealing with QuitClaim deeds can be quite confusing, especially when it comes to selecting the right grantee. Can you tell me if both spouses are listed on the deed as grantors?
No, only one spouse, and it is the female. I made a mistake leaving the husband off and was trying to correct it.
Have you already completed any part of the QuitClaim deed, or are you starting from scratch?
I completed it, but it looks wrong because only one spouse is listed as grantee.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your QuitClaim deed.
I don't think so.
Good afternoon and welcome. Please give me a moment to review your question.
Note that I am a hearing-impaired expert and so phone calls are difficult for me. Thank you for understanding.
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My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.
In a QuitClaim deed, the grantee is the person (or people) who will receive ownership of the property interest being conveyed. If the intent is to place the property in both spouses’ names, then both spouses should be listed as grantees, even if only one spouse (the current titleholder) is acting as grantor.
This is because the deed functions to transfer the grantor’s interest into joint ownership, and failing to include both names on the grantee side could leave title solely in the one spouse’s name, defeating the purpose of the correction.
Florida and most other states also require clarity about the form of ownership—whether the spouses are taking title as “tenants by the entirety” (available to married couples), “joint tenants with right of survivorship,” or “tenants in common.” Using the proper language is critical because it governs inheritance and survivorship rights.
If your goal is to correct the record so that both husband and wife own the property together, the corrected QuitClaim deed should clearly state both names as grantees along with the desired form of ownership, otherwise the county recorder may accept the filing but the deed will not reflect your actual intent.
Does that make sense?
It makes sense, so I’d like to know how this should be done so that I get it right the next time—so that both are owners instead of one.
To correct the deed, you would need to prepare and file a new QuitClaim deed that names both spouses as grantees, with the language clearly stating how they are to hold title (for example, “as tenants by the entirety” if you want survivorship rights).
The county recorder’s office usually has templates or examples, and once drafted, the corrected deed must be signed before a notary and then recorded with the clerk or recorder where the property is located.
OK, I’ll try again.
Best of luck, my friend.
