To add a spouse to a deed in Florida, you prepare a quitclaim deed conveying the property from the current owner to both spouses “as tenants by the entirety,” sign it in front of two witnesses and a notary, and record it with the Clerk of the Circuit Court in the county where the property sits. The whole thing usually wraps up in a single trip to the clerk’s office once the deed itself is filled out correctly.
Write the Deed as Tenants by the Entirety
Florida gives married couples a co-ownership form no one else can use: tenancy by the entirety. When your deed creates it, two things happen automatically. If one spouse dies, the other becomes sole owner without probate. And a creditor holding a judgment against just one spouse generally cannot reach the property to collect.1The Florida Bar. Turning Straw Into Gold: A Comprehensive Guide to Tenants by the Entirety in Florida That shield breaks only when both spouses are jointly liable on the same debt.
To lock in those benefits, the deed must state that you hold the property “as tenants by the entirety.” Florida courts sometimes presume this form when a married couple takes title together, but spelling it out on the face of the deed removes any doubt. The deed should convey the whole property from the current owner to both spouses jointly, not just tack the new spouse’s name onto the existing title.
A quitclaim deed is the standard tool. It transfers whatever interest the current owner holds without making any warranties about the title. That works fine here because you already know the property’s history. Florida has a statutory quitclaim form, and Florida-specific templates are available online or from a title company. Put the current owner in the grantor line, both spouses in the grantee line, and add “as tenants by the entirety” after the grantees’ names.
Gather Your Information First
Have these on hand before you start filling in the form:
- Your current recorded deed, which contains the full legal description of the property. The street address is not enough.
- Full legal names and mailing addresses for the grantor (current owner) and both grantees (both spouses), exactly as they should appear on the public record.
- The parcel identification number assigned by the county property appraiser. It appears on your property tax bill and on the appraiser’s website.
Copy the legal description from your existing deed word for word. Small discrepancies can turn into title problems later. The parcel ID goes in its own space on the form and does not replace the legal description.
Sign, Witness, Notarize, and Record
Only the grantor (the spouse who currently owns the property) signs the deed. The signing has to happen in front of two witnesses, and both witnesses sign as well, with their printed names and addresses on the document.2The Florida Legislature. Florida Code 689.01 – How Real Estate Conveyed A notary public then acknowledges the grantor’s signature and applies the notarial seal. The spouse being added does not need to sign.
Take the signed original to the Clerk of the Circuit Court in the county where the property is located. The recording division stamps and files it, and you walk out with a recorded copy. Once it’s on record, the transfer is effective against third parties.
What It Costs
Recording fees are set by statute: $10.00 for the first page and $8.50 for each additional page.3Florida Senate. Florida Code 28.24 – Service Charges by Clerk of the Circuit Court A one- or two-page quitclaim deed comes to roughly $10 to $19. The notary fee is capped at $10 per notarial act.4The Florida Legislature. Florida Code 117.05 – Use of Notary Commission
Documentary stamp tax is the wildcard, and the answer depends on the property and the mortgage:
- No mortgage and no money changing hands: no tax is due, because there’s no consideration.
- Homestead property with a mortgage: exempt. Florida law specifically exempts transfers of homestead property between spouses from documentary stamp tax, even when the property carries a mortgage, so long as the only consideration is the existing mortgage balance.5Florida Senate. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property or Interests in Real Property
- Non-homestead property with a mortgage: tax is owed. Because you’re transferring a half interest, the taxable consideration is half the outstanding mortgage balance, and the rate is $0.70 per $100 (rounded up to the nearest $100).6Florida Department of Revenue. Documentary Stamp Tax GT-800014
On a non-homestead property with a $300,000 mortgage, that means $150,000 in taxable consideration and $1,050 in tax. Run the number before you go to the clerk’s office.
Your Mortgage Doesn’t Get Redone
Most mortgages include a due-on-sale clause that technically lets the lender demand full repayment when title changes. Federal law blocks the lender from enforcing that clause when a borrower transfers residential property to a spouse.7Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
One point trips people up: adding your spouse to the deed does not add them to the mortgage. The deed controls ownership. The mortgage and promissory note control who owes the money. After the new deed is recorded, your spouse is a co-owner, but only the original borrower is on the hook to the lender. Bringing your spouse onto the loan requires a refinance in both names.
You’re not required to tell the lender before recording, but a courtesy call can head off confusion when the servicer notices the title change.
Federal Tax Angles
No gift tax applies. Transfers between spouses who are both U.S. citizens qualify for the unlimited marital deduction, so no gift tax return is needed and no tax is owed regardless of value.8Office of the Law Revision Counsel. 26 USC 2523 – Gift to Spouse If your spouse is not a U.S. citizen, the unlimited deduction doesn’t apply and a separate annual cap governs; that’s a situation to run past a tax professional.
Income tax rules treat the transfer as producing no recognized gain or loss, but your spouse takes your original basis rather than a stepped-up one.9Office of the Law Revision Counsel. 26 USC 1041 – Transfers of Property Between Spouses or Incident to Divorce If you bought the house for $200,000 and it’s now worth $500,000, your spouse’s half carries a basis of $100,000, not $250,000. It only matters if the property is later sold, and the primary residence exclusion shelters most sellers. For investment property or high-value homes, keep the carryover basis in mind.
After the Deed Is Recorded
Call your homeowners insurance company and add your spouse as a named insured. Most insurers do this at no additional cost, and skipping it can complicate a future claim.
Revisit your estate plan too. Because tenancy by the entirety passes the property to the surviving spouse automatically, any instructions in your will about who inherits the house no longer apply to this asset. If your existing plan assumed you owned the home individually, update the will or trust so the rest of your intentions still line up.