Quitclaim deed in Florida

What Is a Florida Quitclaim Deed?

A quitclaim deed is a quick and simple way to transfer real property. It transfers only the quality of title that the owner has and does not include title warranties. The deed can add or remove a family member, LLC, trust, or ex-spouse from the property title.

How to Transfer Property with a Quitclaim Deed

A quitclaim deed is the easiest way to transfer real property in Florida. The quality of title that the grantee receives 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 that 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.

In most cases, the quitclaim deed is appropriate when transferring your real estate to a family member, your own LLC or corporation, or your living trust.

Reasons for Adding a Name to a Deed

There are various reasons why you might want to add a name to a deed with a quit claim deed.

1. Facilitates Inheritance

Adding a name to a deed can be a simple way to ensure the desired inheritance of your property.

For example, if you add someone else to your deed as joint tenants with right of survivorship, then upon the death of one owner, the surviving person will own the entire property. Or, you can use a lady bird deed to have the property transfer on death to designated beneficiaries without probate.

2. Asset Protection

Married couples can own Florida real estate as tenants by entireties. Tenants by entireties real estate which fully exempts the property against creditors of either spouse alone. Property owned by one spouse is best transferred by quit claim deed to both spouses jointly as tenants by entireties.

3. Relationship Changes

Sometimes, people come into a marriage with separate property. Newly married couples can add their spouse to their separate property. They may decide to quit claim their entire interest or they can use a quit claim deed to transfer to their new spouse 50% or less of the total property title to be owned as tenants in common.

We prepare deeds for clients throughout Florida.

We charge a flat fee for a consultation and preparation of your quitclaim deed. Get everything done remotely by phone or Zoom.

Alper Law attorneys

Requirements for a Quitclaim Deed

To be valid in Florida, your quitclaim deed must comply with Florida law. Here are the requirements:

  • Identify the current owner (grantor) and person receiving the property (grantee).
  • State some consideration for the property. A minimum consideration of $10 or a recitation of “love and affection” may be sufficient.
  • Provide an accurate legal description of the property. The description on the county’s property tax records is not sufficient.
  • Be signed by the grantor with two witnesses and a notary.
Using a quitclaim deed in Florida to transfer property to another person

How to Use a Quitclaim Deed

There are three steps to transferring property using a quitclaim deed in Florida:

  1. Enter the required information on the deed form.
  2. Sign the deed with two witnesses and a notary.
  3. Record the deed with the county.

In Florida, quitclaim deeds must have the name and address of both the grantor and the grantee. 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 into 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.

Transferring property with a quitclaim deed

Advantages of a Quitclaim Deed

A Florida quitclaim deed is a way to transfer your property to another person, company, or trust. The benefits of a quitclaim deed:

  1. Straightforward to prepare.
  2. Less expensive than traditional warranty deeds.
  3. Can clear up a defect in the chain of title.
  4. Ideal for transferring property between family members, such as from parents to children or between spouses after a divorce.
  5. Can quickly transfer property to a trust or other legal entity.

We prepare deeds for clients throughout Florida.

We charge a flat fee for a consultation and preparation of your quitclaim deed. Get everything done remotely by phone or Zoom.

Alper Law attorneys

Disadvantages of a Quitclaim Deed

Disadvantages to a Florida quitclaim deeds Florida include:

  1. Grantee has no protection against prior title defects or claims by third parties.
  2. Generally not used for selling property to strangers since the buyer would want a warranty that the seller has a good title.
  3. Can lead to future problems if there are unknown claims or liens on the property.
  4. Can be more difficult to get title insurance.

Despite the disadvantages, people often use quitclaim deeds in Florida as a simple way to transfer property to a related person or company.

How to Add a Name to a Deed in Florida

A deed is a legal document that transfers ownership of real property from one party to another. It provides evidence of ownership and describes the specific property being transferred.

Here are the five steps to adding a name to a deed in Florida:

  1. Research Deed Restrictions: Check for any judgment liens or existing mortgages.
  2. Draft a New Deed: Prepare a new deed, whether a quitclaim deed, lady bird deed, or warranty deed, with the additional name.
  3. Notarize the Deed: The current owners must sign the new deed before a notary public.
  4. Record the Deed: File the newly executed deed with the county recorder’s office.
  5. Confirm Recording: After filing, ensure the deed has been recorded and obtain an official copy for your records.
Adding a name to a deed in Florida

Quitclaim Deed After Divorce

A Florida quitclaim deed is often 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.

Tip: County recording fees for quitclaim deeds are often less if being transferred pursuant to a divorce judgment.

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 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.

We prepare deeds for clients throughout Florida.

We charge a flat fee for a consultation and preparation of your quitclaim deed. Get everything done remotely by phone or Zoom.

Alper Law attorneys

Making a Quitclaim Deed After Death

You cannot write a quitclaim deed to become effective after your death. Once you fully execute and deliver 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 be drafted to take effect as an after-death transfer. A lady bird deed provides that the grantor keeps the property during the grantor’s lifetime and that legal title transfers automatically to a grantee upon the owner’s death.

Quitclaim Deed FAQs

How does a quit claim deed work in Florida?

A Florida quitclaim deed transfers title to Florida real estate to another person without making guarantees of title. The deed must be signed by two witnesses and a notary. Quitclaim deeds are recorded in the county public records.

Why would someone do a quit claim deed?

A quitclaim deed is usually done when a person transfers real estate to their own LLC or trust or to a family member.

What are the disadvantages of a quit claim deed?

The disadvantage of a quit claim deed is that it lacks guarantees that come with a warranty deed. An unrelated buyer paying money for a property should never accept a quitclaim deed.

Does a quitclaim deed give you ownership?

A quitclaim deed transfers ownership of the property if the person signing the quitclaim deed has good title to the property. The quitclaim deed cannot transfer any greater title or interest than the grantor has prior to transfer. If there are any title issues when the grantor owns the property, the grantee will have those same issues.

Can you sell your house with just a quit claim deed?

While technically a property owner could sell their house with a quit claim deed, it almost never happens. A title company and lender will insist on the use of a warranty deed.

Is there a transfer tax on a quitclaim deed in Florida?

Yes, the county will charge a transfer tax for a quitclaim deed based on the amount of consideration paid for the property. If there is a mortgage on the property, the transfer tax will be based on the amount still owed on the mortgage.

How much does it cost to get a quitclaim deed?

It costs between $375 and $500 to get a quitclaim deed from an attorney in Florida.

Gideon Alper

About the Author

I’m an attorney who specializes in asset protection planning. I graduated with honors from Emory University Law School and have been practicing law for almost 15 years.

I have helped thousands of clients protect their assets from creditors. Before private practice, I represented the federal government while working for the IRS Office of Chief Counsel.

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