Quitclaim Deed in Florida

Quick Summary

• A quit claim deed is the easiest way to transfer property to someone else.
• A quit claim deed can transfer property to another family member, a trust, an LLC, or an ex-spouse.
• A quit claim deed transfers property without any warranty of title.

What Is a Quit Claim Deed?

A quit claim deed is a legal document used to quickly transfer property to someone else. Unlike other deeds, a quit claim deed does not guarantee that the owner has legal or marketable title.

How Does a Quitclaim Deed Work?

With a quitclaim deed, the person transferring the property is called the grantor. The person receiving the property is called a grantee.

The quality of title that the grantee receives with a quit claim deed depends upon the title in the hands of the grantor.

If the grantor has good and marketable legal title to a property, free and clear of all liens and encumbrances, then the Florida quitclaim deed will transfer good and marketable title to the grantee.

However, if the grantor owns a property with defects in the chain of title or liens on the property, then the quitclaim deed conveys the same title problems to the grantee.

Benefits of Quitclaim Deeds

1. Simplicity and Speed. Quitclaim deeds can be executed quickly since they do not involve extensive title searches or warranty protections against liens or other encumbrances.
2. Cost-Effectiveness. Quitclaim deeds are less expensive than other deeds, as there is no need for title searches or insurance.
3. Flexibility in Transfers. Quitclaim deeds allow for the easy transfer of property between family members or into a family trust.

Quit Claim Deed Requirements

Here is what a quitclaim deed must include in Florida:

1. Grantor. The current owner of the property.
2. Grantee. The person receiving the property.
3. Consideration. The amount of money received by the grantor in exchange for giving the property to the grantee.
4. Legal Description. A formal written description used to identify the property. Note this is not the USPS address.
5. Signature of the grantor. But not the grantee.
6. Signatures of two witnesses.
7. Signature of a notary.

How to Transfer Property with a Quitclaim Deed

To transfer property with a quitclaim deed, you must (1) draft the deed with the correct legal description, (2) sign the deed with two witnesses and a notary, (3) deliver the deed to the grantee, and (4) record the deed in the county records.

Steps to Filing a Quitclaim Deed

Once the information is correctly entered on the quit claim deed form, the grantor signs the deed at the bottom above their printed name. If the property is the grantor’s homestead, and the grantor is married, both the grantor and their spouse must sign the deed even if the property is legally titled in only the grantor’s name. The grantor’s signature must be witnessed and notarized in order to be recorded in the public record.

Then, the grantee delivers the signed, witnessed, and notarized quitclaim deed to the county comptroller’s office for the county where the property is located for recording. The comptroller’s office will charge you a small fee for the recording. However, expect a larger fee and transfer taxes if there is a mortgage on the property.

The comptroller’s office records the deed in the county’s official records. The county will return the original deed to the grantee. The recording of the deed gives public notice of the change of ownership, and the recording establishes the transfer in the official chain of title. An uninterrupted chain of title is required to insure title to a subsequent purchaser or mortgage lender.

Quitclaim Deed After Divorce

In Florida, a quitclaim deed can be used to transfer property after a divorce pursuant to a marital settlement agreement or divorce judgment. The quitclaim deed transfers all interests that one spouse has in the property to the other spouse, and the transferring spouse complies with the terms of the divorce order or agreement.

Regardless of which spouse prepares the deed, only the transferring spouse must sign the deed. The receiving spouse does not need to sign the deed.

Can You Transfer Property with a Quitclaim Deed if You Have a Mortgage?

You can use a quitclaim deed in Florida even if the property is encumbered by a mortgage. The quitclaim deed does alter or transfer the mortgage and does not change personal liability to pay the mortgage note.

In other words, the grantor will still be responsible personally to pay the mortgage lender after transferring the property. Technically, the lender could call, or accelerate, the entire loan due if they discover that the grantor has transferred the property without first paying off the mortgage.

This rarely occurs in practice. Lenders have no reason to call the loan due after a quitclaim transfer so long as the new owner continues making timely mortgage payments. Even if a loan were called, the grantee can refinance the debt or get their own loan to pay off the original mortgage debt.

Making a Quitclaim Deed After Death

Quitclaim deeds cannot be executed after the death of the owner because the owner must sign the deed.

You also cannot make a quitclaim deed become effective after your death. Once you fully execute a quitclaim deed, the intended transfer of title is immediate (although it still needs to be recorded).

Another type of deed, called a lady bird deed, can effect an after-death transfer. A lady bird deed lets the grantor keeps the property during the grantor’s lifetime and that legal title transfers automatically to a grantee upon the owner’s death.

Cost of a Quitclaim Deed in Florida

You do not have to be an attorney to prepare a Florida quit claim deed. Absent attorney fees, your costs would only be the recording fees that the county comptroller charges and transfer fees if the property is mortgaged.

If you have any concerns about what you need to include in a quit claim deed to make it valid, you could hire an attorney to draft the deed for you. A typical fee for a quitclaim deed is $400.

Frequently Asked Questions