Navigating Property Transfers in Florida Divorce Without the Headache

Divorce is already stressful enough—add in the complications of property transfers, and it can quickly become overwhelming. Family law professionals work hard to ensure a smooth and fair division of assets, but when it comes to real estate, things can get tricky. Many assume that a Quitclaim or Warranty Deed is always required to transfer property, but in Florida, a properly structured divorce decree can sometimes do the heavy lifting. Understanding how this works can help attorneys and their clients avoid unnecessary paperwork, delays, and mortgage complications.

How Florida Divorce Decrees Can Simplify Property Transfers

In Florida, a well-crafted divorce decree can legally transfer property ownership without needing a separate deed. If the decree includes the full legal property description and explicitly awards the property to one spouse, it may be enough to update the title—saving time, reducing paperwork, and avoiding unnecessary legal steps.

Why This Matters:

• Less Paperwork: No need to draft and record a separate Quitclaim or Warranty Deed.
• Faster Process: Some county recorders accept divorce decrees as proof of ownership, expediting title transfers.
• Fewer Hurdles for Clients: In cases where the home is paid off, title companies and lenders may recognize the decree without requiring additional documentation.

Quitclaim Deed for Title Transfer After a Divorce in Florida

While skipping the extra paperwork sounds great, it’s not always an option. Here are situations where a Quitclaim or Warranty Deed may still be needed in Florida:

• The decree lacks a full legal property description (a must-have for title transfers).
• A lender requires a Quitclaim Deed to move forward with refinancing.
• The title company needs a recorded deed to clear up ownership history.
• The mortgage is still in both spouses' names, requiring additional legal steps to ensure a smooth transition.

How to Add a Name to a Deed in Florida with a Quitclaim Deed

If a name needs to be added or removed from a property title due to a divorce, a Quitclaim Deed is the easiest way to make the change. Here’s how it works:

1. Complete the Quitclaim Deed Form – Include the property’s full legal description and the names of all parties involved. You will need the previous deed for reference.
2. Sign the Deed – The grantor (person transferring ownership) must sign the deed in front of two witnesses (at least 18 years old) and a notary public.
3. Record the Deed – Submit the signed and notarized deed to the county clerk’s office where the property is located.

Quitclaim Deeds are commonly used when transferring ownership to a former spouse, family member, or business partner.

The Mortgage Connection: How Title Transfers Affect Refinancing

One of the biggest pitfalls in divorce-related property transfers is how they impact mortgage financing. A spouse keeping the home may need to refinance, but how the title is transferred plays a huge role in loan eligibility.

Scenario 1: Court-Ordered Title Transfer

• In Florida, a divorce decree alone can sometimes transfer ownership.
• However, this can reset the 12-month ownership requirement for refinancing, making it harder for the remaining spouse to qualify for a lower-rate refinance.
• Loan Impact: Without proof of joint ownership for at least 12 months, the refinance is classified as a cash-out refinance—leading to higher rates and stricter guidelines.

Scenario 2: Attorney-Executed Transfer Deed Before Refinancing

• Some attorneys draft a Quitclaim or Warranty Deed before the refinancing process.
• However, recording this deed too soon can create mortgage underwriting issues, as lenders may view the borrower as a new owner rather than a long-term titleholder.
• Loan Impact: The refinance could be classified as a cash-out loan, making it more expensive and harder to qualify for.

Helping Your Clients Avoid Costly Mistakes

As a family law professional in Florida, you play a key role in ensuring your clients avoid unnecessary delays, confusion, and financial setbacks when transferring real estate. Here’s how you can help:

• Verify Florida Laws: Ensure clients understand when a divorce decree is enough and when a Quitclaim Deed is required.
• Include a Full Legal Property Description: This ensures title companies will recognize the decree.
• Check with Local Title Companies: Some may still require a recorded deed for clear title history.
• Consult a Certified Divorce Lending Professional (CDLP®): Avoid mortgage financing roadblocks by planning ahead.
• Educate Clients on Mortgage Consequences: Help clients understand how their property transfer choices affect their ability to refinance.

Don’t Let Title Issues Derail Your Clients’ Plans

Even though Florida allows divorce decrees to transfer property, title companies or recorders may still require additional steps to maintain a clean title history. Failing to confirm these requirements upfront can lead to roadblocks when clients try to refinance or sell the home later.

Partnering with a CDLP® for a Smoother Process

Divorce is already challenging—property transfers shouldn’t make it harder. That’s where a Certified Divorce Lending Professional (CDLP®) comes in. We work with attorneys and their clients to ensure title transfers align with mortgage rules, preventing costly missteps and making financing as smooth as possible.

Final Thoughts: Keep the Process Simple and Stress-Free

While skipping an extra deed sounds appealing, it’s not always the right move. By understanding when a divorce decree can legally transfer property in Florida and how it impacts mortgage financing, you can help your clients avoid unnecessary costs and delays. Working with a CDLP® ensures a seamless transition that keeps your clients on solid financial ground.

Schedule a Call with Chissell Mortgage Group

Helping your clients navigate real estate and mortgage complexities in Florida divorce cases? Schedule a call with Chissell Mortgage Group today to ensure smooth property transitions and smart financial decisions.

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