To add a spouse to a Florida deed, the current owner signs a new deed (usually a quitclaim deed) conveying the property to both spouses, typically as tenants by the entireties. It is signed before two witnesses and a notary and recorded with the county Clerk. If the home is your homestead, the exemption carries over and no documentary stamp tax is due on the mortgage balance.
How it works
The spouse who owns the property signs a deed from "John Smith, a married man" to "John Smith and Jane Smith, husband and wife." Married couples in Florida who take title together are presumed to own as tenants by the entireties unless the deed says otherwise.
Why tenancy by the entireties matters
- Automatic survivorship. When one spouse dies, the survivor owns the whole property without probate.
- Creditor protection. Property held as tenants by the entireties generally cannot be reached by a creditor of only one spouse.
- Both must sign to sell or mortgage. Neither spouse can convey or encumber the property alone.
Couples can instead hold title as joint tenants with right of survivorship or as tenants in common (where each spouse's share passes under their own will). We prepare the vesting you choose and explain the differences.
Homestead and property taxes
A transfer between spouses is not a change of ownership for Save Our Homes purposes, so your capped assessed value continues. Your homestead exemption also continues as long as the home remains your permanent residence. See our homestead guide for details.
Documentary stamp tax
Before 2018, adding a spouse to a mortgaged home could cost hundreds or thousands of dollars in documentary stamp tax. Today, s. 201.02(7)(b), F.S., exempts a deed of homestead property between spouses when the only consideration is the mortgage. That covers transfers from one spouse to both, from both to one, or from one to the other.
The exemption is limited to homestead. Adding a spouse to a mortgaged rental or second home is generally taxable on the share of the mortgage transferred — for example, adding a spouse as a 50% owner of a rental with a $200,000 mortgage carries tax on $100,000, or $700 outside Miami-Dade.
The mortgage stays the same
Adding your spouse to the deed does not add them to the loan, and it does not change your payment. Federal law (the Garn-St Germain Act) generally prevents a lender from calling the loan due because you transferred your residence to your spouse.
What we need from you
- The property address (we pull the legal description and current deed from county records)
- Your full legal names exactly as you want them on title
- Your mailing address and marital status
- How you want to hold title (tenants by the entireties is the default for spouses)
Frequently Asked Questions
Do both spouses have to sign to add a spouse to a deed in Florida?
Only the current owner signs as grantor. However, if the home is homestead, having the receiving spouse also sign is common practice and does no harm. Two witnesses and a notary are required for the grantor's signature.
Is there documentary stamp tax when adding a spouse to a Florida deed?
Not for homestead property when the only consideration is the mortgage, under s. 201.02(7)(b), F.S. For non-homestead property with a mortgage, tax is generally due on the share of the mortgage transferred.
Will adding my spouse affect my mortgage?
No. The loan and payment stay the same, and your spouse does not become a borrower. Federal law generally prevents the lender from calling the loan due for a transfer of your residence to your spouse.
How do married couples hold title in Florida?
Married couples who take title together are presumed to hold as tenants by the entireties, which provides automatic survivorship and protection from creditors of only one spouse. Other options are joint tenancy with right of survivorship and tenancy in common.
Charles has spent more than a decade practicing exclusively in Florida real estate closings and leads a firm of 14 offices and 30+ professionals. He supervises every deed prepared through this site. Last reviewed October 28, 2026.