We recently purchased a vacant lot in Florida. The prior deed was only in the husband's name (Grantor) and it did not specify his marital status. Likewise, we drafted and recorded a Warranty Deed with the husband as the Grantor and did not specify his marital status or include the wife on the deed.
The warranty deed stated: "The grantor warrants that the above-described property is not the grantor’s homestead as that term is defined pursuant to Article X, Section 4, Constitution of the State of Florida because neither the grantor, nor spouse, nor any dependents of grantor reside on the above described real property or upon any real property contiguous thereto. Further, the above-described property is vacant and unimproved."
Did we create a defect in the title by not specifying his marital status or was it not necessary due to the property being vacant land and therefore not a homestead? And would a spouse be required to sign the conveying deed even though she was not on the prior deed?
You will want to have this entire issue looked at with a thorough review of the property records before someone makes a call. You may have a perfectly valid deed and be able to transfer it with one signature, however I have also seen instances where the deed you are looking at does not tell the whole story and there is more to uncover.
Not intended as legal advice and response is based solely on information provided and not a thorough review of the facts. It is incumbent upon anyone relying on this information to seek the in-person advice of a licensed attorney before acting on anything herein.
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