Can I backdate a quitclaim deed?

Lexi, Chatbot

I understand you're looking to execute a Florida Quit Claim Deed earlier than 2023. Have you already started the process for this deed?

Lexi, Chatbot

Are there any specific reasons or circumstances that require the deed to be executed before 2023?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with aligning the Quit Claim Deed with the date of the marriage.

TJ, Esq.

Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve reviewed the details you shared and I’ll post my initial response shortly. I’ll also post a few quick questions. They’ll help me better understand your situation so I can give you a more complete and tailored answer.

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TJ, Esq.

Hi again!

You cannot backdate a quit claim deed to a date prior to its actual execution. The date a deed is signed and delivered is the legally recognized date of the transfer. While the intent was for the transfer to align with your marriage, legal documents cannot be retroactively dated to reflect past events. The change in your residency to Virginia after 2024 is also a relevant factor.

Let’s discuss this in more detail so I can provide a more thorough response.

Was the property in question your primary residence in Florida before you relocated?

Do you intend for the quit claim deed to create a specific form of co-ownership, such as tenancy by the entirety, or something else?

What was the exact date the property was purchased?

TJ, Esq.

Thanks for getting back to me.

Since your wife is already on the deed under her maiden name, and you were listed as single, the quit claim deed to update her name to your married name is a fairly straightforward process and won't change the ownership interests. The fact that the property and marriage were recorded in Broward County simplifies verification for the attorney preparing the document. The easiest way to show you’re married on the deed is by executing a new deed that correctly identifies her by her married name and also references the previous deed.

Are there any other individuals or entities currently on the deed, besides you and your wife?

TJ, Esq.

Thanks for confirming.

Given that you and your wife are the only two individuals on the deed, and the purpose of the quit claim deed is solely to update her name to her married name, this is quite manageable. Since she is already an owner, the deed primarily serves to clarify her identity on the public record rather than to transfer an ownership interest.

When a person changes their name after being named on a deed, it doesn’t automatically change the deed itself. A new document is typically needed to reflect the name change in the property records. A quit claim deed is a common tool for this purpose, since it transfers any interest the grantor has without making warranties about the title. In this situation, your wife would typically be the grantor, conveying her interest from her maiden name to her married name. You would also be involved as a grantor to confirm the transfer.

The fact that you were listed as single individuals on the original deed and then married shortly after, in the same county where the property is located, doesn’t complicate the process of updating her name. Your marital status at the time of the original purchase didn’t prevent you from holding the property together. The new deed will simply reflect her current legal name.

While you cannot backdate the execution of the quit claim deed to your marriage date, the new deed can reference the original deed by its recording information (book and page number) to maintain a clear chain of title. This links the new document to the prior ownership record, showing the progression of your wife’s name on the property.

To proceed, you would prepare a new quit claim deed. This deed would identify your wife by both her maiden name (as grantor) and her married name (as grantee), and you would also be a grantor. The deed would then be signed by both of you in front of two witnesses and a notary public. Once executed, it would need to be recorded in the official records of the county where the property is located. This recording places the updated information into the public record and provides notice of the name change on the deed. Recording typically involves paying a fee to the county clerk’s office.

Have I completely answered your question, and do you need clarification on any of these points, or do you have any follow-up questions?

TJ, Esq.

You’re very welcome! I’m happy I could help!