QUESTION

What is needed to file a Quitclaims Deed in Florida (county of Okaloosa)

Asked on Feb 10th, 2012 on Real Estate - Nevada
More details to this question:
I live in Reno NV and I would like to file a Quitclaims Deed on my exhusband''s house in Niceville, FL. Would I be able to complete the process without having to personally be in FL?
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1 ANSWER

Real Estate Law Attorney serving Reno, NV at Hawley Troxell Ennis & Hawley LLP
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You do not need to go to Florida to do this.  You need to sign (before a notary) a quitclaim deed in a form that complies with Florida law, then mail it to Okaloosa County to be recorded.  You'll need to pay recording fees and possibly a "transfer fee" (although you may qualify for an exemption so that no fee is due).  You can call the Okaloosa County recorder to find out the amount of fees, or check the County's website.  You need to send them both the original and a copy and request that they return the copy "file stamped" showing the recording information.  They will later return the original (usually takes a few months).  You can mail the deed to a local title company or to someone you know in Florida and ask them to walk it into the County to be recorded, rather than mailing it directly to the County.  There is a website where you can pay $17.97 to download forms with appropriate information.  I can't vouch for this website, but it is www.quitclaimdeed.com (search for Okaloosa County, Florida).  What you're wanting to do is governed by Florida law, not Nevada law, so as a Nevada attorney I cannot vouch for Florida law.  There may be a requirements under Florida law, such as the grantee "accepting" the deed, which may affect what you are trying to accomplish.  You have not indicated why you are wanting to quitclaim the property.  For instance, quitclaiming the property will not free you of liability for debt on the property if you are a co-debtor on a mortgage.  Therefore, you may need additional legal advice, depending on your goals.      
Answered on Feb 13th, 2012 at 1:46 PM

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