Deed Guides
How Do You Add an Adult Child to a Florida Deed?
Direct answer
You add an adult child to a Florida deed with a new deed from the current owner to the owner and the child, or from the current owner to the child. You do not write the child's name on the old deed. A parent and an adult child are not tenants by the entirety. That form is for a married couple. Under Florida Statutes section 689.15, survivorship must be stated in the deed or the new ownership is a tenancy in common. Time to Close Title prepares the deed from the names and the vesting the owner confirms. We do not choose whether to add the child. The current owner signs before two witnesses and a notary. On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. If the child is under 18, we do not prepare that deed from this article. The owner needs their own lawyer.
Key takeaways
- A new deed from the current owner adds an adult child. You do not write the name on the old deed.
- A parent and an adult child are not tenants by the entirety. That form is for a married couple.
- Under section 689.15, survivorship must be stated in the deed or the new ownership is a tenancy in common.
- If the house is homestead, the spouse generally must join even when the spouse is not the one adding the child.
- The deed does not add the child to the mortgage or the note, and it does not remove the lien. Ask the lender before you sign.
- On a deed we only prepare, the client records it. We do not choose whether to add the child.
How do you add an adult child to a Florida deed?
You sign a new deed. The current owner conveys to the owner and the adult child, or to the child. You do not strike a name onto the old deed. The clerk does not edit Official Records.
Time to Close Title prepares that deed from the names and the vesting the owner confirms. We do not choose whether to add the child. Adding a spouse is a different deed. Read how to add a spouse to a Florida deed. This page does not retell that transfer.
The child should be an adult. If the child is under 18, we do not prepare that deed from this article. The owner needs their own lawyer.
| Item | What the new deed does | What it leaves alone |
|---|---|---|
| Official Records | Puts a new deed in the chain from the current owner | Does not edit the old deed |
| Grantee | The owner and the adult child, or the child | Does not make a parent and child tenants by the entirety |
| Mortgage and note | Leaves both as they are | Does not add the child to the mortgage or the note, and does not remove the lien |
| Recording | The client records a deed we only prepare | On a sale we close, we submit the deed after good funds |
How do a parent and an adult child take title?
A parent and an adult child are not tenants by the entirety. That form is for a married couple. Read how Florida buyers take title.
Under section 689.15, survivorship must be stated in the deed or the new ownership is a tenancy in common. That page states the statute. Joint tenants have survivorship only when the deed expressly says so. Silence leaves a tenancy in common. A deceased co-owner's share is then an estate matter, not an automatic deed to the survivor.
The owner confirms the vesting before we draft. We do not choose it. We do not give estate-planning advice, and we do not calculate gift tax.
Florida has no transfer-on-death deed for a house. Read Florida transfer-on-death deeds. A Lady Bird deed is a different tool that can keep the current owner in control now. Read Lady Bird deeds in Florida.
New deed
The current owner conveys to the owner and the child, or to the child. The old deed stays as it was.
Not entirety
A parent and an adult child are not tenants by the entirety. That form is for a married couple.
In the deed
Under section 689.15, survivorship must be stated or the new ownership is a tenancy in common.
What else has to be confirmed before you sign?
If the house is homestead, the spouse generally must join the deed even when the spouse is not the one adding the child. Read why a Florida homestead spouse must sign. Joinder is that signature. It is not the vesting.
The deed does not add the child to the mortgage or the note, and it does not remove the lien. The mortgage stays of record until the lender records a release. Read deeding a Florida house to an LLC for the same split between a deed and a loan, and clearing a judgment, tax lien, or mortgage for a recorded release. This page does not retell that payoff.
The note may give the lender a due-on-sale right when an interest in the house is transferred. 12 U.S.C. § 1701j-3 lists exemptions for a loan secured by residential real property containing less than five dwelling units. One listed transfer is a transfer where the spouse or children of the borrower become an owner of the property. That exemption exists. We do not decide whether this file fits it. The owner should ask the lender before signing.
Documentary stamp tax is its own article. Read how Florida documentary stamp tax works on a deed. Consideration can include a mortgage balance. We do not decide on this page whether this deed is exempt. We quote the stamp tax on the file. We do not calculate gift tax.
We do not decide whether the homestead exemption still applies after the deed. Read the Florida homestead exemption after closing. This page does not quote an exemption amount.
How do you get the deed prepared and recorded?
Bring the last recorded deed so the legal description matches. A street address is not the legal description. The current owner signs before two witnesses and a notary. See quitclaim deeds when the file is a deed we only prepare.
On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. Confirm any wire by calling (352) 792-1214. Do not use an account number that arrived only by email.
The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. Pasco records are in Dade City and New Port Richey. Citrus records are in Inverness. The Spring Hill office is not the clerk. Contact the office.
Confirm the child is an adult and confirm the vesting
The child should be an adult. If the child is under 18, we do not prepare that deed from this article. The owner needs their own lawyer. Tell us whether the new deed runs to the owner and the child, or to the child. A parent and an adult child are not tenants by the entirety. Under section 689.15, survivorship must be stated in the deed or the new ownership is a tenancy in common. We prepare the deed from the names and the vesting the owner confirms. We do not choose whether to add the child.
Say whether the house is homestead
If the house is homestead, the spouse generally must join the deed even when the spouse is not the one adding the child. We do not decide whether the homestead exemption still applies after the deed.
Ask the lender before you sign
The deed does not add the child to the mortgage or the note, and it does not remove the lien. 12 U.S.C. section 1701j-3 lists a transfer where the spouse or children of the borrower become an owner of the property. That exemption exists for a loan secured by residential real property containing less than five dwelling units. We do not decide whether this file fits it. Ask the lender before you sign.
Sign before two witnesses and a notary
The current owner signs the deed before two witnesses and a notary. If the house is homestead, the spouse generally joins. We prepare the deed from the names and the vesting the owner confirms.
The client records a deed we only prepare
On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. Consideration can include a mortgage balance. We quote the stamp tax on the file. We do not calculate gift tax. On a sale we close, we submit the deed after good funds. Confirm any wire by calling (352) 792-1214. Hernando Official Records are in Brooksville. The Spring Hill office is not the clerk.
Frequently asked questions
Can I write my child's name on the old Florida deed?
No. You add an adult child with a new deed from the current owner to the owner and the child, or to the child. You do not strike a name onto the old deed. Adding a spouse is a different deed. Read how to add a spouse to a Florida deed.
Can a parent and an adult child hold as tenants by the entirety?
No. That form is for a married couple. Read how Florida buyers take title. Under section 689.15, survivorship must be stated in the deed or the new ownership is a tenancy in common. We do not choose the vesting.
Does a spouse have to sign if the spouse is not adding the child?
If the house is homestead, the spouse generally must join the deed even when the spouse is not the one adding the child. Read why a Florida homestead spouse must sign. We do not decide whether the homestead exemption still applies. Read the Florida homestead exemption after closing.
Does adding a child to the deed add the child to the mortgage?
No. The deed does not add the child to the mortgage or the note, and it does not remove the lien. Read clearing a judgment, tax lien, or mortgage. The mortgage stays of record until the lender records a release.
Is a transfer to a child listed in the due-on-sale statute?
12 U.S.C. § 1701j-3 lists a transfer where the spouse or children of the borrower become an owner of the property. That list is for a loan secured by residential real property containing less than five dwelling units. That exemption exists. We do not decide whether this file fits it. Ask the lender before you sign.
Is documentary stamp tax due when you add an adult child?
Read how Florida documentary stamp tax works on a deed. Consideration can include a mortgage balance. We do not decide on this page whether this deed is exempt. We quote the stamp tax on the file. We do not calculate gift tax.
Who records the deed, and what if the child is under 18?
If the child is under 18, we do not prepare that deed from this article. The owner needs their own lawyer. On a deed we only prepare, the client records it and pays the documentary stamp tax and the clerk fee. On a sale we close, we submit the deed after good funds. Confirm a wire by calling (352) 792-1214. The office is at 3087 Anderson Snow Road, Spring Hill, FL 34609. Call (352) 792-1214 or toll-free 888-228-0555. Email info@TimetoCloseTitle.com. Hours are Monday through Friday, 9:00 AM to 5:00 PM. Hernando Official Records are in Brooksville. The Spring Hill office is not the clerk. Contact the office.