Are you curious about adding someone to a deed with a mortgage in Florida? In Florida, it's perfectly legal to add a new person to a deed. This is commonly done for spouses and family members.
However, you may need to get special permission from your lender before you add someone to the deed if your home still has a mortgage. Take a look at the steps involved with how to add a name to a house deed.
Add Name to House Deed in Florida
If you own a home in Florida, you'll need to go through your county's assessor or property records office. The process is pretty straightforward once you get your hands on the right paperwork. Here's a look at what you'll need to do to add names to house deeds in Florida:
- Download a blank copy of the Florida General Warranty Deed that is available from your county's deed assessor, county courthouse or property records department.
- Complete the form. The details you'll need to provide include your name, the name of the person being added to the deed, the property's address, the property's lot number and the date. Complete all of the required information without signing the document.
- Get the form notarized in person with the person being adding to the deed. You will be required to sign the form in front of a notary. Make sure to bring along a photo identification like your driver's license or passport.
- Lastly, file the deed with your county's deed assessor or property records department. You will be required to pay a filing fee that can total as much as $40.
Considerations for Homes With Mortgages
Things could get more complicated if you're adding someone to a deed with a mortgage. While the law in Florida permits you to add someone to your deed if you have a mortgage, many lenders add something called a due-on-sale clause to mortgage agreements. This clause gives the lender the right to call in your loan if you transfer the deed.
While this clause may technically state that the loan can only be called in if your home is sold, the fact that adding someone to a deed technically transfers partial ownership of the home could be enough to trigger the clause. This is very important to look into before adding someone to a deed with a mortgage because you could be legally required to pay the remaining balance of your mortgage loan to your lender.
What About Using a Florida Quitclaim Deed to Add Person?
Using a Florida quitclaim deed to add a person is an option. A Florida quitclaim deed form essentially transfers the title to a new owner without a title warranty. As a result, the person who has their name added has no legal recourse if there are issues with ownership of the home. For this reason, using a Florida quitclaim deed to add a person to a home is done almost exclusively in family situations.
Don't forget that the IRS may get involved if you add someone to your deed. It's possible that the IRS will see the addition as a "gift." That means that the person you're adding to your deed could be taxed on the value of your home if it exceeds the IRS's 2021 annual gift limit of $15,000.
With so much at stake, it's always wise to consult with a tax attorney or lawyer prior to adding someone to a house deed in Florida. Go over your mortgage agreement to ensure that you won't trigger a clause that requires you to pay your full balance immediately. You should also try to avoid "gifting" a hefty tax bill to the person being added to your deed.
Adam Luehrs is a writer during the day and a voracious reader at night. He focuses mostly on finance writing and has a passion for real estate, credit card deals, and investing.