Florida Enhanced Life Estate Deed Ladybird Warranty Deed

Typical uses:

1. Standard Real Estate Sale or Transfer
• Most common use of a full warranty deed.
• Grantor (seller) conveys property to Grantee (buyer).
• Guarantees good, marketable title with no hidden liens or defects except those listed.
• The homestead declaration ensures compliance with the Florida Constitution (spousal joinder if applicable).
• Title companies require this form (or special warranty deed) to insure the transaction.

2. Estate Planning – Lady Bird Deeds (Enhanced Life Estate)
• Same form, but tweaked with the reservation of enhanced life estate powers.
• Grantor keeps control during life (can sell, mortgage, revoke).
• Remainderman automatically inherits at death, avoiding probate.
• Very common in Florida because Florida doesn’t allow a statutory Transfer-on-Death Deed.

3. Family Transfers
• Parents conveying to children, often:
- As outright gifts, or
- With retained life estate.
• Ensures smooth title transfer on death without probate.

4. Refinance or Mortgage-Driven Transfers
• Sometimes required by lenders if property is homestead.
• For example:
- One spouse owns the house individually.
- To refinance, lender requires both spouses to join in title so mortgage is enforceable under homestead law.

5. Corrective or Title-Clearing Deeds
• Used when:
- A prior deed was defective (e.g., homestead spouse didn’t join).
- To confirm marketable title by restating covenants and homestead status.

6. Gifts with Warranties
• Unlike a quitclaim deed (no warranties), this form gives strong protections to the grantee.
• Used when grantor is willing to stand behind the title (e.g., parent to child but still warranting no liens except listed).

Why the Homestead Declaration Section Matters
• Florida law requires disclosure whether the property is or is not homestead:
- If homestead, spouse must join.
- If not homestead, no spousal joinder needed.
• Without that statement, a deed may be challenged later for being constitutionally defective.

This form is typically used for Florida Warranty Deeds in sales, estate planning (Lady Bird Deeds), family transfers, or homestead compliance situations — essentially whenever someone wants to transfer real property with strong title guarantees.