Eric P. Feichthaler

Mr. Feichthaler,

I have owned my Cape Coral home for six years in my own name, with no mortgage. I was married a few weeks ago, and have taken the family name of my husband. Do I need to deed the property to myself with my new name?

–Anne S.

Dear Anne,

Congratulations on your marriage! An initial review of your facts indicate the same owner (you) will have ownership both before and after marriage. If you were to sell the property, a name-change affidavit should be all that is needed, along with a copy of your marriage certificate, to convey the property in the future. In the alternative, you can deed the property to yourself with your new name. Whichever you choose, it is advisable to do this sooner than later. This issue could cause delays in a sale if your present name doesn’t match the deed.

Another consideration is your marriage. If this is homestead property, your husband has certain rights granted under the Florida Constitution, including a right to live there for life if you died while owning it as homestead. Typically, my clients deed out to the new husband and wife couple. This avoids potential court action regarding your husband’s rights, as well as a potential need for probate. No documentary stamps / transfer tax is due when adding a new spouse, even when there is a mortgage on the property.

I have seen many title issues arise when newly married couples mishandle this process, and it ends up costing a lot more. Speak with a real estate attorney before proceeding with any changes to your home.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.