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RickyGuzman
May 19, 2010, 11:42 AM
My girlfriend and I own a property in Florida an want to make sure the wording of the deed is such that if anything happen to eather of us, the other one will have full rights to te property, meaning no ex-wife or ex-husband will be able to fight for the property.
Thanks

LisaB4657
May 19, 2010, 11:49 AM
The two of you need to be listed on the deed as "John Doe and Jane Doe, as joint tenants with right of survivorship" (or JTWROS). This way when one of you passes away the other will own the property in full.

AK lawyer
May 19, 2010, 12:00 PM
... no ex-wife or ex-husband will be able to fight for the property.

Your ex'es would have no claim to the property, as it is, when you die. Your state's probate intestacy statute, if you have no will, would control. These statutes generally provide, in order, something like wife, children, parents, siblings, etc. Ex spouses are not provided for. Neither are "girlfriends" (domestic partners to whom you are not married), by the way. :)

RickyGuzman
May 19, 2010, 12:37 PM
Thanks LisaB4657,
What wha I have to do to change the deed to read "John Doe and Jane Doe, as joint tenants with right of survivorship"? Do I need an attorney or can I fill one up and file it?
Thanks

LisaB4657
May 19, 2010, 12:41 PM
You would have to prepare a deed from the current owners to the new owners, such as from "John Doe and Jane Doe, Sellers" to "John Doe and Jane Doe, as JTWROS, Buyers". Then you have to insert the legal description, the payment (usually $10.00 in a case like this) and then have it recorded.

BUT!. if you don't know exactly what you're doing then I strongly recommend that you have this done by a title company or attorney. If you don't get it exactly right you can create big problems down the road that can be difficult and/or expensive to fix. A title company or attorney shouldn't charge much and you'll know that it was done right.

RickyGuzman
May 19, 2010, 01:05 PM
Great, Thanks LisaB4657

LisaB4657
May 19, 2010, 01:25 PM
My pleasure. Good luck!