Interspousal Transfers in Florida
An interspousal transfer is a property conveyance between spouses, commonly used during marriage, divorce, estate planning, and refinancing. Florida provides specific tax exemptions and protections for these transfers, but homestead rules add complexity.
Common Scenarios
- Adding a spouse: Creating tenancy by the entirety for asset protection
- Divorce: Equitable distribution under Section 61.075
- Estate planning: Trust funding or ownership restructuring
- Refinancing: Temporary title adjustment to facilitate a loan
Tax Treatment
- Documentary stamp tax: Generally exempt for divorce transfers (Rule 12B-4.014)
- Capital gains: Non-taxable under IRC Section 1041
- Intangible tax: Applies to any new mortgage associated with the transfer
Homestead Considerations
- Both spouses must join in homestead conveyances
- Tenancy by entirety provides enhanced creditor protection
- Removing a spouse may affect homestead exemption and Save Our Homes cap
Related Terms
- Deed — Transfer instrument
- Homestead Exemption — Property protection
- Equitable Distribution — Divorce property division
Barnes Walker Family and Real Estate Law
Barnes Walker’s attorneys handle interspousal transfers for divorce, estate planning, and property transactions in Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC