Mann v. Mann - 677 So. 2d 62 (Fla. Dist. Ct. App. 1996)

Rule:

Any alteration of the deed by erasure or substitution of the name of the grantee is a material alteration and forgery and is absolutely void and wholly ineffectual to pass title.

Facts:

Appellant former husband sought review of a final judgment of dissolution of marriage. The lower court ruled that the parties owned the marital home as tenants in common and granted appellee former wife equity in the home. The parties agreed that in 1989 appellant and his first wife deeded the property to appellant's mother and that the deed was never recorded. The parties also agreed that in 1993, appellee altered the deed by having replaced the grantee with her name and appellant's name. Appellee also recorded the altered deed. Appellant contended that the deed was altered and recorded without his knowledge. Appellee contended that it was done with appellant's consent and knowledge.

Issue:

Did the deed at issue effectively transfer a joint interest in the home to the former husband and former wife? 

Answer:

No.

Conclusion:

The court reversed the judgment of the lower court, holding that the altered deed was ineffective to have conveyed any joint interest in the property to the parties. The court indicated that the title to the home could have still remained with appellant's mother and was not subject to the court's jurisdiction in the marital dissolution action.