Quitclaim Deeds in Florida
A quitclaim deed is a legal document that quickly transfers real estate ownership without guaranteeing a clear title. The grantor makes no promise that they actually own the property, that the title is free of liens, or that the grantee is receiving clean title. If the grantor holds clear title, the quitclaim deed transfers clear title. If the grantor holds nothing, the quitclaim deed transfers nothing.
Common Use
Quitclaim deeds are used when family members transfer property to each other, when divorcing spouses divide real estate under a marital settlement agreement, and when an individual moves property into a revocable living trust.
Quitclaim deeds also serve other purposes: transferring property to an LLC, correcting errors in a prior deed, and adding or removing a name from a deed. In each case, the grantee either already knows the condition of the title or is willing to accept whatever interest exists.
Get a Quitclaim Deed
Attorney Gideon Alper prepares quitclaim deeds for clients throughout Florida. We handle the drafting, execution, and recording.
Schedule Online
Florida Quitclaim Deed Requirements
Florida Statute § 689.025, enacted in 2023, prescribes a statutory form for quitclaim deeds. Every Florida quitclaim deed must include the date of execution, the full legal names and mailing addresses of both the grantor and the grantee, and the legal description of the property. The deed must also include the property appraiser’s parcel identification number and the consideration paid, even if nominal (such as “$10 and other good and valuable consideration”).
Florida Statute § 689.01 establishes the signing requirements. The grantor must sign the deed in the presence of two witnesses. Both witnesses must sign the deed in the grantor’s presence. The grantor’s signature must be notarized. The grantee does not sign the deed.
If the property is homestead and the grantor is married, the non-owner spouse must also sign the deed under Article X, Section 4 of the Florida Constitution, even if the non-owner spouse has no ownership interest in the property. Failing to obtain the spouse’s signature on a homestead transfer makes the deed void.
How to File a Quitclaim Deed in Florida
Recording the deed with the clerk of the circuit court in the county where the property is located completes the transfer and gives public notice of the ownership change. The clerk requires the original signed and notarized deed, a completed documentary stamp tax return if tax is due, and the applicable recording fees.
Florida Statute § 695.26 establishes formatting requirements for recorded documents. The deed must include the name and address of the person who prepared it and a 3-inch by 3-inch blank space on the first page for the clerk’s recording information. The grantor’s and grantee’s names and addresses must appear legibly below or beside their signatures.
A quitclaim deed takes effect upon delivery to the grantee even without recording. Recording is not required for the transfer to be valid between the parties. However, an unrecorded deed does not put third parties on notice, which means a later buyer or lien holder who records first could take priority.
Cost of a Quitclaim Deed in Florida
The cost of a quitclaim deed in Florida includes attorney fees, recording fees, and documentary stamp tax.
| Cost Component | Amount |
|---|---|
| Attorney preparation | $400–$1,000 |
| Recording fee (first page) | ~$10 |
| Recording fee (each additional page) | ~$8.50 |
| Documentary stamp tax | $0.70 per $100 of consideration |
Documentary stamp tax applies to the consideration paid for the transfer. Transfers between spouses, transfers ordered by a court in a divorce proceeding, and transfers to a revocable trust where the grantor is the beneficiary are generally exempt. Transfers into an LLC may trigger the tax depending on how the transaction is structured.
Quitclaim Deed and Florida Homestead
Transferring homestead property by quitclaim deed raises several issues. The homestead creditor protection under the Florida Constitution applies only to the owner’s principal residence. If the property is transferred to another individual, it retains homestead protection only if the new owner uses it as a principal residence and independently qualifies for homestead status.
Transferring homestead property to an LLC eliminates homestead creditor protection because the constitutional protection applies only to individual owners. The property tax homestead exemption does not automatically carry over to the new owner. The grantee must file a new homestead exemption application with the county property appraiser by March 1 of the year following the transfer.
A lady bird deed is generally a better tool than a quitclaim deed for passing homestead property at death because it preserves the owner’s full homestead protections during life while avoiding probate.
Quitclaim Deed with a Mortgage
A quitclaim deed does not affect any existing mortgage on the property. The original borrower remains personally liable on the mortgage note regardless of the deed transfer.
Most residential mortgages contain a due-on-sale clause that gives the lender the right to accelerate the loan if the property is transferred. Federal law (12 U.S.C. § 1701j-3) exempts certain transfers from due-on-sale enforcement, including transfers to a spouse, transfers to a revocable trust where the borrower remains a beneficiary, and transfers resulting from a divorce decree.
Because a quitclaim deed carries no title guarantee, the grantee has no recourse against the grantor if title defects emerge after the transfer. Title insurance does not typically cover property acquired by quitclaim deed from an unrelated party. For this reason, quitclaim deeds should not be used in purchase transactions between strangers.
Disadvantages of a Quitclaim Deed
A quitclaim deed provides no protection against title defects, liens, or other claims that may exist on the property. The grantee receives whatever interest the grantor has, including any problems attached to it. If the grantor does not actually own the property, the grantee receives nothing and has no legal claim against the grantor.
Quitclaim deeds also cannot be reversed by one party alone. Once the deed is signed and delivered, the grantor cannot take back the transfer without the grantee’s cooperation in signing a new deed transferring the interest back. Mistakes in quitclaim deeds—including incorrect legal descriptions, missing witness signatures, or failure to obtain a spouse’s signature on homestead property—can create title defects that are expensive to correct.
Quitclaim Deed vs. Warranty Deed
Florida recognizes three primary deed types. A general warranty deed provides the strongest protection. The grantor guarantees good and marketable title, freedom from undisclosed liens or claims, and a commitment to defend against all title challenges. A special warranty deed limits that guarantee to claims arising only during the grantor’s period of ownership. A quitclaim deed provides no guarantee at all.
The choice depends on the relationship between the parties. Sales between unrelated buyers and sellers use warranty deeds because the buyer needs assurance that the seller actually owns the property and that no hidden liens exist. Quitclaim deeds are appropriate when the parties already know and trust each other, or when the grantor and grantee are effectively the same person in a different legal capacity.
Quitclaim Deed FAQs
Does a quitclaim deed give you ownership?
A quitclaim deed transfers ownership only if the grantor actually holds title to the property. The deed cannot transfer any greater interest than the grantor has. If the grantor holds full ownership, the grantee receives full ownership. If the grantor holds a partial interest or no interest at all, the grantee receives only that much.
Can I prepare my own quitclaim deed in Florida?
Florida does not require an attorney to prepare a quitclaim deed. A property owner can draft and execute the deed independently, provided it meets the statutory requirements under § 689.025 and is properly witnessed, notarized, and recorded. However, errors in the legal description, missing signatures, or failure to account for homestead rules can create title defects that cost far more to fix than the attorney fee would have been.
How long is a quitclaim deed good for in Florida?
A quitclaim deed does not expire. Once properly executed and delivered, the transfer is permanent. Recording the deed with the county clerk creates a public record of the transfer. An unrecorded deed is still valid between the grantor and grantee but does not protect the grantee against third-party claims.
How much does a quitclaim deed cost in Florida?
A quitclaim deed costs $400 to $1,000 when prepared by an attorney. County recording fees add approximately $10 for the first page and $8.50 for each additional page. Documentary stamp tax of $0.70 per $100 of consideration applies unless the transfer qualifies for an exemption, such as a spousal transfer or a court-ordered divorce transfer.
Can you quitclaim a house with a mortgage?
A property owner can sign a quitclaim deed on a mortgaged property, but the deed does not transfer or eliminate the mortgage. The original borrower remains liable on the note. Most mortgages include a due-on-sale clause allowing the lender to accelerate the loan after a transfer, though federal law exempts transfers to spouses, revocable trusts, and divorce-related transfers.
