Quitclaim Deeds in Florida

A quitclaim deed is a legal document that transfers real estate ownership without guaranteeing a clear title. The grantor makes no promise that they 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.

Quitclaim deeds are used when family members transfer property to each other, when divorcing spouses divide real estate, and when an individual moves property into a revocable living trust or an LLC. They are the most common type of transfer deed in Florida because they are fast, inexpensive, and do not require a title search.

When Are Quitclaim Deeds Used in Florida?

Quitclaim deeds work best when the grantor and grantee already know each other and already know the condition of the title. The most common situations include adding or removing a name from a deed after marriage or divorce, transferring property into a trust or LLC, correcting errors in a prior deed, and consolidating ownership among family members who inherited property together.

Quitclaim deeds should not be used in purchase transactions between strangers. An unrelated buyer paying money for property needs the title guarantees that come with a warranty deed. Title insurance companies generally will not issue a policy based on a quitclaim deed from an unrelated party, and a title company may flag an old quitclaim deed as a defect when the property is later sold or refinanced.

What Are the Requirements for a Florida Quitclaim Deed?

Florida Statute § 689.025 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, and both witnesses must sign in the grantor’s presence. The grantor’s signature must be notarized. As of January 1, 2024, the deed must also include the post office address of each witness. 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. Failing to obtain the spouse’s signature on a homestead transfer makes the deed void, not merely voidable. The transfer has no legal effect, and the defect cannot be cured after the fact without a new deed.

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 and is properly witnessed, notarized, and recorded. However, errors in the legal description, missed homestead rules, or failure to account for tax consequences can create problems that cost far more to fix than the attorney fee would have been.

How Do You 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 under Florida’s recording statute.

The county clerk does not review the deed for legal sufficiency before accepting it for recording. A deed with errors in the legal description, missing witness signatures, or an invalid homestead transfer will still be recorded, and those errors will have to be corrected later through a corrective deed or a quiet title action.

A properly executed quitclaim deed does not expire. Once signed and delivered, the transfer is permanent. Recording the deed creates a public record, but the transfer itself is effective from the moment of delivery regardless of when or whether it is recorded.

How Much Does a Quitclaim Deed Cost in Florida?

A quitclaim deed prepared by an attorney typically costs between $400 and $1,000, depending on the complexity of the transfer and whether homestead or mortgage issues are involved. 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 in all Florida counties except Miami-Dade. In Miami-Dade County, the rate is $0.60 per $100 for single-family residences and $0.60 per $100 plus a $0.45 surtax per $100 for all other property types.

Spousal transfers, court-ordered divorce transfers, and transfers into a revocable trust where the grantor remains the beneficiary are generally exempt from documentary stamp tax. Transfers to correct an error in a prior deed are also exempt. Transfers into an LLC may trigger the tax depending on whether consideration changes hands.

How Does a Quitclaim Deed Affect Florida Homestead?

Transferring homestead property by quitclaim deed can affect both the homestead exemption and the property’s taxable value. The property tax homestead exemption does not automatically carry over to a 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.

Florida’s Save Our Homes amendment caps annual increases in a homestead property’s assessed value at 3%. A transfer that removes the homestead exemption resets the property to full market value. On properties homesteaded for many years, the resulting tax increase can be thousands of dollars annually. Certain transfers are exempt from reassessment under Florida Statute § 193.155, including transfers between spouses, into a revocable trust where the grantor remains the beneficiary, and transfers that do not change beneficial ownership.

If the grantor is married, both spouses must sign the quitclaim deed regardless of whose name is on the title. This requirement applies to every transfer of homestead property and cannot be waived. A deed signed by only one spouse when both signatures are required is void from the start.

Can You Use a 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. The deed transfers ownership, but the debt stays with the person who signed the note.

Most residential mortgages contain a due-on-sale clause that gives the lender the right to accelerate the loan—meaning demand full repayment—if the property is transferred. Federal law (the Garn-St. Germain Act, 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.

In practice, lenders rarely exercise the due-on-sale clause on exempt transfers as long as someone continues making timely payments. Transfers that fall outside a federal exemption, such as transferring to an unrelated third party, can trigger acceleration. Before using a quitclaim deed on a mortgaged property, confirm whether the transfer qualifies for a federal exemption.

Can a Quitclaim Deed Transfer Property After Death?

A quitclaim deed cannot be made effective after the grantor’s death. Once a quitclaim deed is properly executed and delivered, the transfer takes effect immediately. There is no way to sign a quitclaim deed today and have it transfer the property only when the grantor dies.

A lady bird deed—also called an enhanced life estate deed—does what many people want a quitclaim deed to do at death. The grantor retains full ownership and control during their lifetime, including the right to sell or mortgage the property. The property transfers automatically to a named beneficiary when the grantor dies, without probate.

A lady bird deed also provides a tax advantage over a lifetime quitclaim transfer. Property that passes through a lady bird deed receives a stepped-up basis equal to its fair market value when the grantor dies. Property transferred by quitclaim deed during the grantor’s lifetime carries over the grantor’s original cost basis. If the property has appreciated over decades, the difference in capital gains taxes when the grantee eventually sells can be substantial.

What Are the Tax Consequences of a Quitclaim Deed?

Florida has no state gift tax, but the IRS may treat a quitclaim deed transfer as a taxable gift if the property is transferred for less than fair market value. As of 2025, the annual gift tax exclusion is $19,000 per recipient. Transfers exceeding that amount must be reported on IRS Form 709, though no actual tax is owed until the grantor exceeds the lifetime exemption. Transfers between spouses and transfers incident to divorce are not treated as taxable gifts.

The more consequential tax issue is the cost basis. When property is gifted by quitclaim deed during the grantor’s lifetime, the grantee receives the grantor’s original purchase price as their tax basis. If a parent bought a house for $100,000 and transfers it by quitclaim deed when it is worth $400,000, the child’s basis is $100,000. If the child later sells for $400,000, the taxable gain is $300,000.

Had the same property passed at death instead, whether through a will, a trust, or a lady bird deed, the child’s basis would be the fair market value at death. The taxable gain on an immediate sale would be zero.

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, 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.

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, such as an individual transferring to their own trust or LLC.

Disadvantages of a Quitclaim Deed

A quitclaim deed provides no protection against title defects, liens, or competing claims. 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 for the loss.

Quitclaim deeds are irreversible without the grantee’s cooperation. Once the deed is signed and delivered, the grantor cannot take back the transfer without a new deed signed by the grantee. Courts will only void a quitclaim deed on grounds of fraud, duress, undue influence, or a material mistake.

A quitclaim deed transfer may also void an existing owner’s title insurance policy. Most title insurance policies protect the named insured and do not extend coverage to new owners added by quitclaim deed. A transfer that changes ownership can cancel the policy’s protection, leaving the property without coverage for prior defects.

Mistakes in quitclaim deeds—incorrect legal descriptions, missing witness signatures, or failure to obtain a spouse’s signature on homestead property—create title defects that are expensive to correct. A corrective deed may fix simple errors, but more serious problems can require a quiet title action, which involves filing a lawsuit to establish clear ownership.