Adding a Spouse to a Deed in Florida: Quitclaim Deed Guide

Updated August 7, 2026 using the primary authorities cited below.

Adding your spouse to your home's deed is one of the most common real estate moves Florida homeowners make — and one of the easiest to get subtly wrong. The mechanics are straightforward: you prepare a Florida quitclaim deed, sign it in front of two witnesses and a notary, and record it with the county clerk. But the line in the deed that describes how you and your spouse will hold title is where important ownership, survivorship and creditor-rights consequences can arise.

Why Homeowners Add a Spouse to the Deed

There are several practical reasons you might want both names on title:

• Survivorship rights. If only one spouse owns the home and that spouse dies, the property passes through their estate — potentially through probate. Adding the other spouse with the right survivorship language keeps the home out of the probate process entirely.
• Estate planning. Joint ownership with survivorship is one of the simplest estate-planning tools available. It eliminates the need for a separate transfer after death and reduces the paperwork a surviving spouse faces during an already difficult time.
• Refinancing requirements. Some lenders require both spouses to appear on title before they will approve a refinance or new loan.
• Equitable interest. If both spouses contribute financially to a home, having only one name on title can create complications in matters of tax filing, insurance, or any future sale.

How a Quitclaim Deed Works for This Transfer

A quitclaim deed conveys whatever interest the grantor currently has, without warranties about title history. For adding a spouse, the structure is:

• Grantor: the current sole owner (the spouse already on title)
• Grantee: the current owner AND the new spouse together

The grantor is essentially conveying the property to themselves jointly with their spouse. Florida law permits this — a person can deed property to themselves and another party in a single instrument.

The critical piece is the vesting language. Simply naming two people as grantees without any tenancy language creates a tenancy in common by default in Florida, which may not match the couple's intended survivorship or ownership arrangement.

The Three Ownership Forms — and Which One to Choose

Tenants by the Entireties

This is the form of ownership available exclusively to married couples, and it carries two significant advantages that most online guides overlook or understate.

Right of survivorship. When one spouse dies, the entire property passes automatically to the surviving spouse — no probate, no court order required. The deed language should specify "as tenants by the entireties" to invoke this form.

Creditor protection. Florida tenancy by the entireties can protect entireties property from claims against only one spouse, although jointly owed debts and other exceptions require separate analysis. Florida law expressly permits a spouse who owns real estate to create an estate by the entirety by conveying the property to both spouses. See Fla. Stat. §689.11.

This protection ends automatically if the marriage is legally dissolved — after divorce, the tenancy converts to a tenancy in common.

Joint Tenancy with Right of Survivorship (JTWROS)

JTWROS achieves the survivorship goal — property passes to the surviving co-owner without probate — but it lacks the creditor-protection dimension of entireties ownership. To create a valid JTWROS in Florida, the deed should contain the phrase "as joint tenants with right of survivorship" or the abbreviation JTWROS. Without explicit language, a conveyance to two or more persons defaults to tenancy in common.

Tenancy in Common

In a tenancy in common, each co-owner holds a defined, severable share of the property with no right of survivorship. When one co-owner dies, their share passes through their estate according to a will or intestacy law — not automatically to the other co-owner. This is usually not what a married couple adding a spouse to the deed is trying to accomplish, and it is what you get by default if the deed is silent on the matter.

Documentary Stamp Tax When Adding a Spouse

Florida imposes a documentary stamp tax on deeds recorded in the state under Florida Statute § 201.02. How this applies when a spouse is added to title depends on the specific facts of the transfer.

Transfer of the marital home (homestead property): Florida Department of Revenue guidance addresses the treatment of transfers adding a spouse to homestead property. Where the transfer qualifies as a spousal transfer of a homestead, no documentary stamp tax may be due. However, this result depends on the specific facts and applicable DOR rules. Consult the Florida Department of Revenue or a Florida tax professional before recording.

Non-homestead property or transfers involving debt: For non-homestead transfers, or where debt is involved, the documentary stamp tax analysis is more complex. A mortgage, lien, or other encumbrance on the transferred property constitutes consideration for documentary-stamp purposes whether assumed or not. The rate is $0.70 per $100 (or fraction thereof) of consideration.

Florida Deed Execution Requirements

Florida Statute §689.01 generally requires a deed conveying real estate to be signed by the grantor in the presence of two subscribing witnesses. To record the deed, its execution generally must also be acknowledged or proved as provided in Fla. Stat. §695.03. In practice, a Florida quitclaim deed must include:

• Two witnesses — the grantor signs in the presence of two subscribing witnesses, who then sign the deed themselves
• Acknowledgment for recording — a notary public executes a formal acknowledgment block
• Grantor's signature — the current owner signs the deed
• Legal description — the full legal description of the property (not just the street address)
• Grantee's name and address — required for recording

Florida Homestead Law: What This Transfer Is Not

Adding a spouse as an additional owner is analytically different from conveying the homestead away to a third party. The constitutional restriction on alienation applies when the homeowner is trying to transfer the property or encumber it with a lien; this deed moves in the opposite direction. No constitutional joinder issue arises when the effect of the instrument is to bring a spouse onto title. Future conveyances or encumbrances will generally require appropriate joinder by both spouses, subject to the property's ownership and homestead status.

The Due-on-Sale Clause: Federal Law Protects You

The Garn-St. Germain Depository Institutions Act (12 U.S.C. § 1701j-3) generally prevents enforcement of a due-on-sale clause for specified transfers in which the borrower's spouse or children become owners of the property, subject to the statute's scope and exceptions. Review the loan documents and applicable federal protections before changing title. Contact the lender if the loan documents, refinance plans, insurance arrangements or lender procedures make notification appropriate.

Step-by-Step: How to Add Your Spouse to the Deed

Florida Add-Spouse Deed Checklist

• Prepare Florida-specific quitclaim deed with grantor's name, both grantees' names, and vesting language
• Include the full legal description (not the street address) from the existing deed or county records
• Review mortgage and loan documents for any lender notification requirements
• Arrange two subscribing witnesses — both must be present when the grantor signs
• Notary completes acknowledgment block with statutory language, commission number, and expiration date
• Confirm documentary stamp tax treatment for your specific property type (homestead vs. non-homestead)
• Record the executed deed with the Clerk of Court in the county where the property is located
• Contact county property appraiser's office to confirm whether an updated homestead exemption application is needed

Frequently Asked Questions

Do I need an attorney to add my spouse to the deed?

Florida does not require an attorney to prepare or record a quitclaim deed. Many homeowners handle this themselves using a properly drafted form. If your property has a mortgage, if there are title complications, or if the doc stamp tax analysis is unclear, a brief consultation with a Florida real estate attorney is worth the cost.

Does adding my spouse affect our homestead protection from creditors?

It can add a distinct form of protection if the property is validly held as tenants by the entireties. Florida's homestead is already protected from most forced sales under Article X, Section 4 of the Florida Constitution. Tenancy by the entireties can provide additional protection against the individual debts of either spouse, subject to applicable requirements and exceptions. The extent of protection in a specific situation depends on the facts and applicable law.

What happens to the property if we divorce?

Tenants by the entireties ownership terminates automatically upon divorce. The property converts by operation of law to a tenancy in common, meaning each former spouse holds an equal, independent share. A new deed is not required for this conversion to occur — it happens when the marriage ends.

What if the deed is silent about the type of tenancy?

Florida presumes tenancy in common when a deed conveys to multiple grantees without survivorship language. For a married couple, some Florida courts have applied a presumption of entireties, but relying on that presumption is risky. Always specify the tenancy form explicitly in the deed.

Can I use a quitclaim deed if the property was purchased before the marriage?

Yes. A quitclaim deed can be used to add a spouse to property acquired before the marriage. The deed conveys the grantor's current interest and the vesting language creates the new co-ownership form. Pre-marital acquisition of the property does not affect the validity of the transfer.

Does adding my spouse trigger the mortgage due-on-sale clause?

Federal law generally prevents enforcement of a due-on-sale clause for specified transfers in which the borrower's spouse or children become owners of the property (Garn-St. Germain Depository Institutions Act, 12 U.S.C. § 1701j-3), subject to the statute's scope and exceptions. Review the loan documents and applicable federal protections before changing title. Contact the lender if notification is appropriate.

This article provides general educational information, not legal, tax, or financial advice. Consult an appropriate Florida professional for advice about a specific transfer.