How Do Quitclaim Deeds Work in Florida?

A quitclaim deed transfers whatever interest the grantor has in Florida real estate to the grantee, without any promises about the title. If the grantor owns the whole property, the grantee gets the whole property. If the grantor owns nothing, the grantee gets nothing. Existing mortgages and liens stay with the property.

Requirements for a Valid, Recordable Quitclaim Deed

• Writing and signature: the grantor signs a written deed.

• Two witnesses: Florida requires two subscribing witnesses to the grantor's signature.

• Notary: the grantor's signature must be acknowledged before a notary for the deed to be recorded. Online notarization is allowed under Florida law.

• Legal description: the full legal description from the prior deed, such as lot and block or metes and bounds.

• Names and addresses: since January 1, 2024, the deed must show the names and post office addresses of the grantor, each witness, the preparer, and each grantee.

• Format: a 3 by 3 inch blank space at the top right of the first page and a 1 by 3 inch space on each later page for the clerk.

• Delivery: the deed takes effect when it is delivered to and accepted by the grantee.

Recording is not required for the deed to be valid between the parties. It is still strongly advised, because an unrecorded deed is not effective against later buyers or creditors who have no notice of it.

What It Costs

• Recording fee: $10 for the first page and $8.50 for each additional page, the same in every county. A two page deed costs $18.50.

• Documentary stamp tax: $0.70 per $100 of consideration, including any mortgage balance. A gift of property with no mortgage generally owes only the $0.70 minimum. Writing "$10" or "$1" on the deed does not lower the tax if the real consideration is higher.

• Preparation: QuickDeeds prepares a quitclaim deed for a $350 flat fee, including a 15 minute attorney consultation, and prepares the deed within 1 to 2 days after the consultation.

Common Uses

• Transfers between family members, such as adding a spouse or removing a spouse after divorce.

• Transfers into a revocable trust or LLC, which should be reviewed for tax and lender issues.

• Clearing up a possible claim, such as a former co-owner releasing any interest. A typo in a prior deed is usually fixed with a corrective deed instead.

When Another Deed Fits Better

In a sale between unrelated parties, buyers usually expect a warranty deed, in which the seller promises good title and agrees to defend it. A quitclaim deed gives no such promise. See the deed types QuickDeeds prepares.

Risks of Doing It Alone

A wrong legal description, a missing witness, or a missing address can make the deed unrecordable or open to challenge. A transfer of mortgaged property can also trigger doc stamps or a lender issue.