Quitclaim Deeds in Florida

A quitclaim deed is a legal instrument that transfers whatever ownership interest the grantor holds in a piece of Florida real property to a grantee. The defining characteristic of a quitclaim deed is what it does not include: any warranty or guarantee that the grantor actually owns the property, that the title is free of liens or encumbrances, or that the grantee is receiving marketable title. The grantor transfers only the interest the grantor has, which could be full ownership, partial ownership, or nothing at all.

Florida quitclaim deeds are governed by several statutes. Section 689.01 of the Florida Statutes establishes the general execution requirements for deeds conveying real property. Section 689.025, enacted in 2023, prescribes a specific statutory form for quitclaim deeds, including mandatory language and formatting requirements. Section 695.26 establishes the recording requirements for instruments affecting real property ownership, including a witness address requirement that took effect January 1, 2024. Together, these statutes define what a valid Florida quitclaim deed must contain and how it must be executed and recorded.

Quitclaim deeds are used primarily for transfers between parties who already know and trust each other: family members, divorcing spouses, or an individual transferring property to a trust or LLC. They are not appropriate for arm’s-length real estate sales, where the buyer needs assurance that the seller actually owns the property free and clear.

What a Quitclaim Deed Transfers

A quitclaim deed transfers the grantor’s interest in real property at the time the deed is delivered. If the grantor holds clear, marketable fee simple title, the quitclaim deed conveys clear, marketable fee simple title. If the grantor holds title subject to a mortgage, tax lien, or other encumbrance, the grantee receives title subject to the same encumbrances. If the grantor has no interest in the property at all, the quitclaim deed transfers nothing, and the grantee acquires no ownership rights.

The principle is straightforward: a quitclaim deed cannot transfer more than the grantor has. Unlike a warranty deed, it makes no representations about what the grantor has. The grantee accepts whatever interest exists, with all defects, liens, and limitations that may come with it. This is why quitclaim deeds are sometimes described as “buyer beware” instruments, though in practice most quitclaim deed transactions do not involve a buyer in the traditional sense.

Quitclaim Deed vs. Warranty Deed vs. Special Warranty Deed

Florida recognizes three primary types of deeds, each offering a different level of title protection to the grantee.

A general warranty deed provides the strongest protection. The grantor warrants that the grantor holds good and marketable title, that the property is free from all encumbrances except those specifically disclosed, and that the grantor will defend the title against all claims arising at any point in the property’s history. If a title defect surfaces after the transfer, the grantor is personally liable to the grantee for breach of warranty. Warranty deeds are standard in arm’s-length real estate purchases and are required by most title insurance companies and mortgage lenders.

A special warranty deed provides limited protection. The grantor warrants only that the grantor has not caused any title defects during the grantor’s period of ownership. The grantor makes no representations about defects that may have existed before the grantor acquired the property. Special warranty deeds are common in commercial transactions and foreclosure sales.

A quitclaim deed provides no protection. The grantor makes no warranties of any kind. If a title defect exists, the grantee has no recourse against the grantor based on the deed itself. The grantee may have other legal remedies depending on the circumstances, but the deed does not create them.

The choice of deed type depends on the relationship between the parties and the nature of the transaction. For transfers between family members, to a trust, or to an LLC owned by the grantor, a quitclaim deed is appropriate because the grantee either already knows the condition of the title or is effectively the same person in a different legal capacity. For sales to unrelated purchasers, a warranty deed is the standard and expected instrument.

Statutory Requirements

Execution Under Section 689.01

Every Florida deed, including a quitclaim deed, must comply with the execution requirements in Florida Statutes Section 689.01. The deed must be in writing, signed by the grantor in the presence of two subscribing witnesses. Both witnesses must sign the deed in the grantor’s presence. The grantor’s signature must be acknowledged before a notary public.

The grantee does not sign the deed. Only the grantor, the two witnesses, and the notary are required signatories. However, if the property is the grantor’s homestead and the grantor is married, both the grantor and the grantor’s spouse must sign the deed, even if title is held solely in the grantor’s name. This spousal joinder requirement comes from Article X, Section 4 of the Florida Constitution and applies to all conveyances of homestead property, including quitclaim deeds.

Prescribed Form Under Section 689.025

In 2023, the Florida Legislature enacted Section 689.025, which prescribes a specific statutory form for quitclaim deeds. The statute requires that a quitclaim deed include substantially the following elements: identification of the grantor and grantee with their post office addresses, a statement of consideration, the operative quitclaim language (“does hereby remise, release, and quitclaim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has”), and the legal description of the property.

The deed must also include a blank space for the parcel identification number assigned by the county property appraiser. If the parcel identification number is available, it must be entered on the deed before recording. However, the statute expressly provides that the failure to include the parcel identification number does not affect the validity of the conveyance or the recordability of the deed. The parcel identification number cannot be used as a substitute for the full legal description.

Recording Under Section 695.26

Section 695.26 establishes the requirements for recording instruments that affect real property ownership. Effective January 1, 2024, witnesses must provide not only their signature and printed name but also their address on any document affecting ownership of real estate. This updated requirement applies to quitclaim deeds and all other instruments conveying or encumbering real property.

Recording is not technically required for the deed to be effective between the grantor and grantee. A quitclaim deed is effective upon delivery to the grantee. However, recording is essential as a practical matter because it establishes the transfer in the official chain of title and provides constructive notice to third parties. An unrecorded deed leaves the grantee vulnerable to subsequent claims by other parties who had no notice of the transfer.

The county clerk’s office records the deed and returns the original to the grantee. It is important to understand that the county’s acceptance of a document for recording does not constitute a review of the deed’s legal sufficiency. The clerk records what is presented. If the deed contains errors in the legal description, omits required signatures, or fails to comply with statutory requirements, those defects remain even after recording.

Common Uses

Family Transfers

The most common use of quitclaim deeds in Florida is transferring property between family members. Parents transfer property to adult children, siblings transfer inherited property to one another, or one spouse transfers an interest to the other. These transfers involve parties who trust each other and who are typically not concerned about receiving warranty of title because they already know the property’s history.

When transferring property between family members, the deed should recite nominal consideration (typically “$10.00 and other good and valuable consideration”) even if no money changes hands. Florida law requires a statement of consideration in the deed, and the recitation of nominal consideration satisfies this requirement.

Divorce Transfers

Quitclaim deeds are routinely used to transfer property between spouses or former spouses pursuant to a marital settlement agreement or divorce judgment. The transferring spouse quitclaims all interest in the property to the receiving spouse, which satisfies the terms of the divorce order.

Only the transferring spouse signs the deed. The receiving spouse does not need to sign. Documentary stamp tax is generally not due on transfers between spouses or former spouses when the transfer involves the marital home or an interest in property transferred as part of a dissolution of marriage, under the exemption in Section 201.02(7) of the Florida Statutes. County recording fees for divorce-related transfers are also often reduced.

A quitclaim deed in a divorce transfers the ownership interest but does not affect the mortgage. If both spouses are jointly liable on the mortgage, both remain personally liable after the transfer. The only way to release the transferring spouse from mortgage liability is to refinance the loan in the receiving spouse’s name alone, or to obtain a formal release from the lender.

Transfers to Trusts and LLCs

Property owners frequently use quitclaim deeds to transfer real property into revocable living trusts for estate planning purposes or into Florida LLCs for liability protection. In both cases, the grantor is effectively transferring property to an entity the grantor controls, so the absence of warranty creates no practical risk.

When transferring homestead property to a trust, the documentary stamp tax exemption for transfers where the grantor retains a beneficial interest under the trust may apply. The analysis depends on the trust’s terms and the relationship between the grantor’s ownership interest before and after the transfer. Transfers to LLCs where the only consideration is the assumption of an existing mortgage are taxed on the mortgage amount.

Clearing Title Defects

Quitclaim deeds are used to resolve certain title defects, such as removing a former owner’s potential claim, correcting a misspelled name in the chain of title, or releasing an interest held by someone who should not be on the title. In these situations, the person with the potential or erroneous interest executes a quitclaim deed releasing whatever interest they may have, which clears the defect from the public records.

Documentary Stamp Tax

Florida imposes documentary stamp tax on documents that transfer an interest in real property, including quitclaim deeds. The tax rate is $0.70 per $100 of consideration (or fraction thereof) in all counties except Miami-Dade, which charges $0.60 per $100 plus a $0.45 per $100 surtax on transfers of property other than single-family residences.

For quitclaim deeds where no money changes hands, the consideration for documentary stamp tax purposes is typically the amount of any mortgage or lien encumbering the property that the grantee assumes or takes the property subject to. If the property is unencumbered and the transfer is a gift, the tax is calculated on the nominal consideration stated in the deed (often $10.00), resulting in minimal tax.

Several exemptions apply. Transfers between spouses of homestead property where the only consideration is the existing mortgage are exempt under Section 201.02(7)(b). Transfers pursuant to a dissolution of marriage are exempt for the marital home. There is no general exemption for transfers for estate planning purposes, so a transfer to an LLC where the grantee takes the property subject to a mortgage will trigger documentary stamp tax on the mortgage amount.

Mortgages and the Due-on-Sale Clause

Transferring property by quitclaim deed does not eliminate or modify the existing mortgage. The mortgage remains a lien on the property, and the grantor remains personally liable on the promissory note unless the lender agrees to a release or the loan is refinanced.

Most residential mortgages contain a due-on-sale clause that gives the lender the right to accelerate the entire loan balance if the property is transferred without the lender’s consent. In theory, recording a quitclaim deed could trigger this clause. In practice, lenders rarely enforce due-on-sale clauses on family transfers or transfers to the borrower’s own trust or LLC, provided the borrower continues making payments and the transfer does not impair the lender’s security interest. Federal law (the Garn-St. Germain Depository Institutions Act of 1982) prohibits lenders from exercising due-on-sale clauses for certain categories of transfers, including transfers to a spouse or child, transfers resulting from divorce, and transfers to a living trust where the borrower remains a beneficiary.

Despite these protections, property owners should be aware that a transfer to an LLC does not fall within the Garn-St. Germain exemptions and could, in principle, trigger acceleration. In practice, this is uncommon as long as the loan remains current, but it is a risk that should be understood before recording the deed.

Title Insurance Implications

Title insurance companies generally will not insure title acquired through a quitclaim deed in the same way they insure title acquired through a warranty deed. A quitclaim deed creates a gap in the chain of title protections because it contains no warranty that the grantor owned the property or that the title was free of defects.

If the grantee later wants to sell the property or obtain a mortgage, the title company insuring the new transaction will examine the chain of title and may flag the quitclaim deed as a potential issue. In most cases, if the grantor held clear title and the deed was properly executed and recorded, the title company will insure the subsequent transaction without difficulty. But if the quitclaim deed was used to transfer property from a party whose ownership was uncertain, the title company may require additional documentation or except certain matters from coverage.

For this reason, parties who are not family members or related entities should generally avoid using quitclaim deeds. The absence of warranty creates downstream title insurance complications that a warranty deed would have avoided.

Steps to Create and Record a Quitclaim Deed

The process of creating a Florida quitclaim deed begins with confirming that a quitclaim deed is the correct instrument for the transfer. If the transfer is between family members, to a trust or LLC, or to resolve a title defect, a quitclaim deed is typically appropriate. If the transfer is a sale to an unrelated buyer, a warranty deed should be used instead.

The next step is gathering the information needed for the deed: the grantor’s full legal name as it appears on the current title, the grantee’s full legal name (or the exact legal name of the trust or LLC), the mailing addresses of both parties, the full legal description of the property (obtained from a prior deed or the county property appraiser’s records), and the parcel identification number.

The deed is then drafted using the statutory form prescribed by Section 689.025 or substantially similar language. The deed must include the consideration statement, the operative quitclaim language, and the full legal description. If the property is homestead and the grantor is married, the deed must be prepared for both the grantor and the spouse to sign.

Once drafted, the grantor (and spouse, if applicable) signs the deed in the presence of two witnesses and a notary public. Each witness must sign the deed, print their name, and provide their address. The notary acknowledges the grantor’s signature.

The executed deed is then delivered to the county clerk of court (or comptroller, depending on the county) for the county where the property is located, along with payment for recording fees and any applicable documentary stamp tax. The clerk records the deed in the official records and returns the original to the grantee.

Common Mistakes

Several recurring errors cause problems with Florida quitclaim deeds.

Using the street address instead of the legal description is the most basic drafting error. Florida law requires the full legal description of the property, which is a specific boundary or plat description found in prior deeds or the county property appraiser’s records. The street address is insufficient and can render the deed defective.

Failing to obtain spousal joinder on homestead property is another frequent problem. If the grantor is married and the property is the grantor’s homestead, the spouse must sign the deed regardless of whether the spouse is on the title. A deed without the required spousal signature is voidable as to the homestead.

Name discrepancies between the deed and the existing title create chain-of-title issues. If the current title reflects ownership by “John A. Smith” and the quitclaim deed is signed by “John Smith,” the county may record the deed, but a title examiner reviewing the chain of title may flag the discrepancy and require a corrective affidavit.

Recording in the wrong county renders the deed ineffective for constructive notice purposes. The deed must be recorded in the county where the property is physically located, not the county where the grantor or grantee resides.

Assuming the deed affects the mortgage is a misunderstanding rather than a drafting error, but it causes significant problems. Grantors who believe that signing a quitclaim deed removes their mortgage liability discover otherwise when the lender continues to hold them responsible for the debt.

Cost

Absent attorney fees, the cost of a Florida quitclaim deed is limited to recording fees charged by the county clerk and any applicable documentary stamp tax. Recording fees vary by county but are generally modest for a standard deed.

If an attorney prepares the deed, the total cost is typically between $400 and $800, including the consultation to confirm the deed is appropriate for the transfer and the drafting and execution of the document. Attorney preparation is advisable for any transfer involving homestead property, transfers with existing mortgages, or transfers where the grantor’s marital status or title vesting raises potential complications.