Changing Deed

[saphyre]

Can anyone tell me exactly what needs to be done to have someone's name (ex husband) taken off the deed. And if this needs to be done through a lawyer or can a form be filled out by all parties and notarized?

 

[krikiter]

I think it will just involve a Quit Claim Deed, yes, it will need ex-hubby's signature, no, I don't think you necessarily need a lawyer.

 

[jlewisinsyr]

Is the ownership fully owned or is there a loan against it?

 

[TheRustyScupper]

1) It mortgage-free
. . . quit-claim deed notarized release
. . . pay to have title changed
2) If mortgaged
. . . quit-claim deed notarized release
. . . pay off mortgage in full
. . . re-mortgage, if necessary
. . . pay to have title changed

 

[triciari]

I am a lawyer - but not in Florida. That being said, in most states, you need to "record" the deed for it to be valid. That means filing it with the office of Land Evidence in the county in which the land is located. There is a cost associated with recording it.

 

[Dean]

Can anyone tell me exactly what needs to be done to have someone's name (ex husband) taken off the deed. And if this needs to be done through a lawyer or can a form be filled out by all parties and notarized?

Contact DVC, they will have a packet of info they can send you directly related to this issue. They can also send it by email so I'd just email MS and ask they forward it to member admin. Here's the process.

1. Complete the transfer request form and send it to DVC for ROFR.
2. Once you have the ROFR form, you'll need to record that and the deed you prepare (or have prepared) with Orange County (assuming it's at WDW). You'll need to do this for each separate contract even if under one master. If you have more than one, let me know and I'll give you an additional tidbit of info.
3. Once you have the recorded deed, send a copy along with the completed transfer form to DVC to change the way they have it listed.

Tidbits

• As noted, you can't change it if you have a mortgage unless you pay it off first.
• I don't think DVC has a transfer fee right now but there have been times in the past where they charged $100 and a short time where they charged $200.
• DVC will not cancel existing reservation in this situation but will in all other transfer situations.
• You can use a Quit Claim deed that's FL specific.
• Deed and recording info is on the Orange County website including the deed requirements.
• You can get this done for under $50 if DVC doesn't add any charges and they haven't in the recent past for this situation.
• IF you're uncomfortable with the deed prep, you can get one prepared for a $100 OR Timeshare Travel Traders will do the entire closing for $75 plus recording fees including deed prep.
• No matter what any divorce degree says, you'll actually need the other parties signature to do this even if no loan.
• You must have two witnesses on the deed for each name and it must be notarized. While the notary can be one of the witnesses, the act of notarizing the form does not count as a witness, they must sign separately as a witness.

 

[Dean]

I am a lawyer - but not in Florida. That being said, in most states, you need to "record" the deed for it to be valid. That means filing it with the office of Land Evidence in the county in which the land is located. There is a cost associated with recording it.

Last I saw it was $10 for page 1 and $8.50 for each additional page for EACH document. For a ROFR and Deed, that's normally $37 (2 pages each).