Posted by lorraine2 on 9/29/04 9:06pm
Msg #9070

Help...QuitClaim Question Quick aka QQQ

If a father were to quitclaim his interest in a property to a daughter, can the daughter's husband be a witness in a spousal state (FL) or would the spousal interest disqualify him? TIA

Reply by PAW Notary Services on 9/29/04 9:35pm
Msg #9071

IOW, can the son-in-law be one of the two required witnesses on the QCD? Legally, maybe, according to what I have read. If this is personal property or real property not qualifying under the Homestead Act, there wouldn't be an issue, since the son-in-law would have no direct interest in the transaction. However, if the property does fall under Florida's Homestead Act, then the son-in-law would have a legal and direct interest in the property and should not be witness to the transaction.

To be safe, on any deed transaction it is best not to have ANY family members (including in-laws) as witnesses. Get a neighbor to witness the grantor signature, along with yourself. That way there would never be any collusion suspected.