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Under Florida law, when you add the words ?right of survivorship? to a joint tenancy, that means full title to the real estate goes to the owner that survives the death of the other(s). The ?survivor? of the joint owners automatically owns 100% of the asset when the other joint owner (or owners) passes away. The Complexity of Joint Property Ownership in Florida South Florida Law, PLLC ? the-complexit... South Florida Law, PLLC ? the-complexit...
JOINT TENANCY WITH RIGHT OF SURVIVORSHIP A joint tenancy with right of survivorship is a form of co-ownership where the survivor(s) get any deceased owner's interest in the real estate. A Florida Quit Claim Deed requires specific language to form this type of ownership.
One way is for a joint tenant to convey their interest to a third party, either by sale or gift. The act of conveyance severs the joint tenancy and converts the property's ownership to a tenancy in common. Florida law does not require you to obtain the consent of the other joint tenants to sever the joint tenancy.
Although you can make a quitclaim deed yourself, we suggest hiring a real estate lawyer to ensure your deed is done right and meets the legal and filing requirements for Flordia and the local country recorders office where the property is located.
A quit claim deed should be filed with the clerk of court in the county where the property is located. This will involve taking the deed to the clerk's office and paying the required filing fee (typically about $10 for a one-page quit claim deed).