[FL] How do I change wife's maiden name on an old quit claim deed to reflect her married name?
We were married in Broward County where the property is also recorded.
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Given that you and your wife are the only two individuals on the deed, and the purpose of the quit claim deed is solely to update her name to her married name, this is quite manageable. Since she is already an owner, the deed primarily serves to clarify her identity on the public record rather than to transfer an ownership interest.
When a person changes their name after being named on a deed, it doesn't automatically change the deed itself. A new document is typically needed to reflect the name change in the property records. A quit claim deed is a common tool for this purpose, since it transfers any interest the grantor has without making warranties about the title.
In this situation, your wife would typically be the grantor, conveying her interest from her maiden name to her married name. You would also be involved as a grantor to confirm the transfer.
While you cannot backdate the deed to your marriage date, the new deed can reference the original deed (book and page number) to maintain a clear chain of title.
To proceed, you would prepare a new quit claim deed, have it signed by both of you in front of two witnesses and a notary, and record it in Broward County.
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Hello, is it possible to execute a Florida Quit Claim Deed any earlier than 2023?
I understand you're looking to execute a Florida Quit Claim Deed earlier than. Have you already started the process for this deed?
Yes.
Are there any specific reasons or circumstances that require the deed to be executed before 2023?
The 2 individuals listed on the current deed married the same year as the property purchased and want the quit claim deed to align with the date of the marriage.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with aligning the Quit Claim Deed with the date of the marriage.
Perhaps irrelevant, but we both (couple listed on the Deed) lost our Florida resident status after relocating to VA in 2024 due to a work relocation requirement.
Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.
You cannot backdate a quit claim deed to a date prior to its actual execution. The date a deed is signed and delivered is the legally recognized date of the transfer. While the intent was for the transfer to align with your marriage, legal documents cannot be retroactively dated to reflect past events. The change in your residency to Virginia after 2024 is also a pertinent factor.
Was the property in question your primary residence in Florida before you relocated?
Do you intend for the quit claim deed to create a specific form of co-ownership, such as tenancy by the entirety, or something else?
What was the exact date the property was purchased?
Yes, the property was our primary residence for 20 years. Our property records recorded the purchase on 5/31/2002. The intent with the quit claim deed is to update my wife’s name to our married name. She is already on the current deed under her maiden name but we were listed as single individuals at the time of the purchase and married on 9/4/2002 the same year as we purchased the property. I am very interested in the easiest way to update the deed to show we are married.
We were married in Broward County where the property is also recorded.
Since your wife is already on the deed under her maiden name, and you were listed as single, the quit claim deed to update her name to your married name is a fairly straightforward process and won't change the ownership interests. The fact that the property and marriage were recorded in Broward County simplifies verification for the attorney preparing the document.
The easiest way to show you're married on the deed is by executing a new deed that correctly identifies her by her married name and also references the previous deed.
Are there any other individuals or entities currently on the deed, besides you and your wife?
Thank you, my wife and I are the only ones on the deed.
Given that you and your wife are the only two individuals on the deed, and the purpose of the quit claim deed is solely to update her name to her married name, this is quite manageable. Since she is already an owner, the deed primarily serves to clarify her identity on the public record rather than to transfer an ownership interest.
When a person changes their name after being named on a deed, it doesn't automatically change the deed itself. A new document is typically needed to reflect the name change in the property records. A quit claim deed is a common tool for this purpose, since it transfers any interest the grantor has without making warranties about the title.
In this situation, your wife would typically be the grantor, conveying her interest from her maiden name to her married name. You would also be involved as a grantor to confirm the transfer.
While you cannot backdate the deed to your marriage date, the new deed can reference the original deed (book and page number) to maintain a clear chain of title.
To proceed, you would prepare a new quit claim deed, have it signed by both of you in front of two witnesses and a notary, and record it in Broward County.
Thank you very much for your guidance here.
