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QUIT CLAIM DEED – TRANSFER OF TITLE

SOUTH FLORIDA REAL ESTATE LAWYER

Florida title to real property is held in the form of a “deed”.  There are many different types of real estate deeds. You can have a Warranty Deed for general real estate sales and purchases. When you purchase property from a developer you typically get a Special Warranty Deed.  When you purchase property from a Trust you get a Trustee Deed. And then there are Quit Claim Deeds.  Quit Claim Deeds are mere transfers of title, without any warranty or guarantee as to the title or clouds on title. For example, there may be a mortgage or lien on the property that will not be extinguished or removed when the title is transferred by quit claim deed.

The recording of a quit claim deed, while inexpensive ($10.60 in Miami Dade and $10.70 in Broward and Palm Beach County), affords the least protection to the purchaser or Grantee, and  also requires the payment of documentary stamp taxes on any outstanding mortgage(s). If not paid at the time of recording, then the transferor could face severe penalties after recording the document.

Many deeds are exempt from having to pay documentary stamp taxes,  for example, if the deed is the result of a divorce. And while many vendors such as Office Depot sell deeds, it is always best to consult a real estate attorney to prepare it for you. Any mistake, or wrong digit in the legal description of the real estate could have severe consequences, after the fact if Grantors die or disappear.

Next time you require the preparation of a deed or transfer of property, consult with an attorney so you are protected and will have peace of mind.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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PARTITION ACTIONS IN FLORIDA

PARTITION ACTIONS IN FLORIDA

Holding title to a property with another person who does not share the same intentions or ideas for the property can lead to divergent interests and quarrels.  Often, as a result of either inheritance (the death of a family member that leaves a property to several children or heirs), or holding title to property jointly as  either siblings, friends or unmarried couples, title holder interests in the property may not be the same.   Title holders may have different ideas about what to do with the property; in particular, how to use, improve, or dispose of it.

Perhaps one party wants to rent the property and respect the late title holders legacy.  Perhaps the other title holder wants to sell it and make a profit.  If the joint title holders can not reach an agreement, and  efforts to negotiate or compromise are getting you nowhere, a Partition Action may be the answer.

A Partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently.

A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it. However, if they don’t agree, a judge can order a partition of the property based on one owner’s request. If done gracefully and with agreement, it can result in a more efficient splitting of the property where all of the former owners are happier owning their own portion.  Partition is a remedy that’s usually favored by courts, for the sake of maintaining peace between the parties.

Voluntary Partition vs. Judicial Partition

As Co-owners, you may work out an agreement between eachother and one can buy the other out.  This is called a Voluntary Partition. That would require getting an appraisal and finding out the value of the property.  And thereafter, the one party that wishes to maintain the property would get a loan or pay the other for their 50% share, via quit claim deed.  An attorney can assist with the preparation of the deed, valuation of the property and negotiation.

If all owners don’t agree to the partition, one owner may file a lawsuit asking the courts to compel a partition.  This is called a Judicial Partition.

Unlike a voluntary partition, a court-ordered partition usually results in the court ordering the sale of the property and the joint owners to divide the proceeds.  If you are the one bringing the partition suit, you need to advise the court why you cant agree.  If you are defending the partition suit, as the defendant,  certain defenses such as  the statutes of limitations and undue delay can be raised to forbid or stop the Partition. Similarly, the court will decide the case based on various factors like rights, titles, and the interests of the parties to the suit.

At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 16 years experience in the real estate field as well as 20 in the accounting field. Ms. Salcines is available by email to answer all your questions and concerns, without ever charging a consultation fee.

Call us today to set up an appointment to discuss your purchase or sale. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280
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