To change the name on a property deed in Florida, you draft a new deed showing the correct name, sign it in front of two witnesses and a notary, and record it with the clerk of court in the county where the property is located. The specific deed type and tax treatment depend on why the name is changing — a marriage, a divorce, an inheritance, or a transfer to another person each call for slightly different paperwork.
Gather Your Documents First
Start by pulling the current recorded deed from the clerk of court in the county where the property sits. That deed tells you exactly how title is held now (sole ownership, joint tenants, tenants by the entirety), and you can only convey what you actually own.
Then collect the certified document that proves the reason for the change: a marriage certificate for a post-marriage name change, a divorce decree or property settlement agreement for transfers between former spouses, a court order for a legal name change, or a death certificate and probate paperwork for inherited property. County clerks and title companies want originals or certified copies. Photocopies will slow you down at the recording window.
Pick the Right Type of Deed
The deed type controls how much protection the new owner receives, and the situation drives the choice.
For a straightforward name update — say you got married and want the deed to reflect your new legal name while you keep the same ownership — a quitclaim deed from yourself (old name) to yourself (new name) is the simplest path. A quitclaim transfers whatever interest the grantor has, with no warranties.1Online Sunshine. Florida Statutes 689.025 – Quitclaim Deed Form It is the workhorse for family transfers, adding or removing a spouse, and correcting names.
A warranty deed is the stronger instrument. The grantor guarantees clear title and promises to defend it against any claims going back through the property’s history. Florida’s statutory form uses the language that the grantor “fully warrants the title” and “will defend the same against the lawful claims of all persons whomsoever.”2Online Sunshine. Florida Statutes 689.02 – Form of Warranty Deed Prescribed It is the standard for arm’s-length sales and for family transfers where the new owner wants full protection.
If your goal is to have the property pass to a family member at your death without probate, an enhanced life estate deed (often called a lady bird deed) lets you keep full control during your lifetime, including the right to sell or mortgage, and passes the property automatically to a named beneficiary at death. Florida recognizes these, and they preserve the stepped-up tax basis that a lifetime gift does not.
What the Deed Must Include
Florida law requires specific elements. A deed missing any of them can be rejected at recording or challenged later as invalid.
- Full legal names of the grantor and grantee. Marital status is standard in Florida because it affects homestead rights.
- The legal description from the existing deed or a survey — not the street address. Copy it exactly; a small error can create a title defect.
- A consideration statement. For a sale, use the purchase price. For a gift or name change, nominal language like “ten dollars and other good and valuable consideration” is standard.
- Granting language showing intent to transfer: “grant, bargain, and sell” for a warranty deed, or “remise, release, and quitclaim” for a quitclaim.
- How the grantee takes title: sole ownership, joint tenants with right of survivorship, or tenants by the entirety (available only to married couples in Florida).
Every deed transferring a real property interest lasting more than one year must be in writing and signed by the grantor in the presence of two subscribing witnesses.3Justia. Florida Code Title XL Chapter 689 Section 689.01 – How Real Estate Conveyed Botching the witness requirement can void the conveyance entirely.
Sign, Witness, and Notarize
Execution is where most do-it-yourself attempts go wrong. Three things must happen correctly, ideally at the same time and place. The grantor signs the deed in front of two witnesses. Both witnesses sign the deed. A notary confirms the grantor’s identity, verifies the signing is voluntary, and applies their seal.
The notary can serve as one of the two witnesses, but you still need a second person. Without notarization, the clerk will reject the deed for recording. Florida caps notary fees at $10 per notarial act.4Online Sunshine. Florida Statutes 117.05 – Use of Notary Commission Banks, UPS stores, and law offices routinely offer notary services. If the grantor cannot appear in person, Florida also allows remote online notarization.
Record the Deed With the County
A signed and notarized deed is legally valid between grantor and grantee, but it does not protect the grantee against outside claims until it is recorded. Recording creates public notice of the ownership change and establishes priority over later transactions involving the same property.
Submit the executed deed to the clerk of court in the county where the property sits. Recording fees are set by statute at $10 for the first page, $8.50 for each additional page, and $1 for each name listed after the first four.5Florida Senate. Florida Statutes 28.24 – Service Charges by Clerk of the Circuit Court A standard two-page deed with two parties typically costs around $18.50 to record, before any transfer tax.
Many Florida counties accept electronic recording through approved vendors. E-recording cuts turnaround from days to hours and lets you resubmit a rejected document the same day. Most title companies and real estate attorneys already have a vendor set up.
Documentary Stamp Tax
Florida imposes a documentary stamp tax on deeds transferring real property. In every county except Miami-Dade, the rate is $0.70 for each $100 (or fraction of $100) of the total consideration. On a $300,000 sale, that comes to $2,100. Miami-Dade uses a base rate of $0.60 per $100, plus a $0.45-per-$100 surtax that does not apply to single-family home transfers.6Florida Dept. of Revenue. Documentary Stamp Tax
Not every name change triggers the full tax. For a deed where no ownership actually changes hands and no consideration is exchanged (such as updating your own name after marriage), the tax is generally zero, but the deed must make that clear on its face. A transfer of unmortgaged property between spouses generally does not owe documentary stamp tax, and the same applies to a marital home transferred as part of a divorce. If the property carries a mortgage and you transfer it between spouses outside of a divorce, tax is typically owed on half the outstanding mortgage balance.7Florida Dept. of Revenue. Documentary Stamp Tax Informational Publication
Watch Out for the Mortgage
Changing a name on the deed does not change who owes the mortgage. The loan stays with whoever signed the promissory note. And most mortgages contain a due-on-sale clause that lets the lender demand full repayment if the property is transferred without permission.
Federal law protects several common family-related transfers. Under the Garn-St. Germain Act, a lender cannot accelerate the loan when the transfer involves:
- A spouse or child of the borrower becoming an owner
- A transfer resulting from a divorce decree or separation agreement
- A transfer to a relative after the borrower’s death
- A transfer into a living trust where the borrower remains a beneficiary
- A transfer that occurs automatically when a joint tenant or tenant by the entirety dies
If your transfer does not fall into one of those categories, the lender technically has the right to call the loan. Many borrowers proceed without asking, because lenders rarely monitor public records for title changes. But unlikely to be enforced is not the same as cannot be enforced. If your transfer is not covered by Garn-St. Germain, weigh the risk and consider getting the lender’s written consent or refinancing into the new owner’s name.
Also check your title insurance. Most owner’s policies are issued to a specific named insured, so a name change or transfer may require an endorsement (usually for an added fee) to keep coverage in place.
Protect Your Homestead Exemption
Florida’s homestead exemption reduces the taxable value of your primary residence by up to $50,000 and provides creditor protection under the Florida Constitution. Any change to the deed can put those benefits at risk if you skip the follow-up steps.
Reapply After the Change
When ownership changes, the new owner must file a new homestead exemption application with the county property appraiser’s office.9Property Appraiser of Miami-Dade County. Change in Status to Homestead Exemption The timely filing deadline is around March 1 of the tax year, with a late-filing window that runs until roughly mid-September. After that statutory late-filing deadline, the property appraiser cannot accept an application for the year regardless of the reason.10Broward County Property Appraiser. File for a Homestead Exemption Missing both windows means a full year of higher property taxes.
If you transfer property into a trust, file a new exemption application and attach a copy of the trust. If a homestead owner dies after January 1, a surviving family member can inherit the exemption for the remainder of that year but must file their own application for the following year.9Property Appraiser of Miami-Dade County. Change in Status to Homestead Exemption
Save Our Homes Reset
Save Our Homes limits annual increases in a homestead property’s assessed value to 3% or the rate of inflation, whichever is lower. A change of ownership resets that cap, and the property is reassessed at full market value on the following January 1. For long-held homesteads, the gap between capped and market value can be large, and the new owner can face a significant tax jump.11Florida Dept. of Revenue. Save Our Homes Assessment Limitation and Portability Transfer
Some transfers do not trigger a reassessment: transfers between spouses, certain transfers upon death, and title changes made to correct an error. Structure the deed carefully to stay within these exceptions if they apply.11Florida Dept. of Revenue. Save Our Homes Assessment Limitation and Portability Transfer An owner moving from one Florida homestead to another can port their Save Our Homes benefit, but only for the same owner; a new owner cannot inherit the previous owner’s cap.
A Note on Federal Taxes
Simply updating your own name on your own deed after a marriage or legal name change has no federal tax impact. Adding someone new to the deed or transferring the property to another person is a different situation, and the difference between a lifetime gift and an inheritance can be worth tens of thousands of dollars in future capital gains tax. If your name change is really a transfer, talk to a tax professional or estate planning attorney before you sign.
Update Your Other Records
Recording the new deed handles the public record, but several other accounts need the update. Send a copy of the recorded deed to the county property appraiser so tax records and exemption files reflect current ownership. Contact your homeowner’s insurance company to update the named insured, because a policy that lists the wrong owner can create coverage gaps at claim time. Update the ownership records with any HOA or condo association.
If you have a mortgage, notify the lender of the name change even when the underlying loan is not affected. Consistent records prevent confusion during a future refinance or payoff. Utility accounts tied to the property deserve the same treatment; updating now saves you from proving ownership later.