Are Taxes Due on a Quitclaim Deed in Florida?

Yes. A Florida notary public can notarize a quit claim deed. Notarization is required before the deed can be recorded with the county clerk.Role of the Notary:Identity: the notary confirms the identity of the grantor, the person signing the deed, using an ID such as a driver's license or passport. The grantee does not sign a quit claim deed.Presence: the grantor signs, or acknowledges signing, in front of the notary. Florida also allows online notarization by audio-video link through a registered online notary.Acknowledgment: Florida requires a deed to be acknowledged or proved before it can be recorded (section 695.03). In Florida, the acknowledgment can be taken by a judge, a clerk or deputy clerk of court, or a Florida notary public or civil law notary (section 695.03(1)). The notary may notarize only after personally knowing the signer or receiving satisfactory evidence of identity, and the certificate states the type of identification relied on (section 117.05(5)). The notary then adds the notary's signature and seal.Other Requirements:Two witnesses: a Florida deed needs two witnesses to the grantor's signature. The notary can serve as one of the two witnesses, so one more witness is needed in that case.Names and addresses: the witnesses' names and post office addresses must be printed under their signatures.Recording: after signing, the deed should be recorded with the clerk of court in the county where the property is located. Recording gives public notice and protects the grantee's ownership.County recording locations are listed by county. A notary checks identity and signing, not whether the deed is drafted correctly.

A quitclaim deed benefits those in transactions between trusted parties, such as family members, divorcing spouses, or close friends. The deed transfers ownership without warranties, so the grantor makes no promise that the title is free of liens or other claims. It fits situations where the parties know and trust each other.Common Users:Family members: parents transferring property to children, or siblings dividing inherited property. These are often gifts or estate planning moves.Divorcing spouses: one spouse transfers an interest in the marital home to the other under the divorce agreement.Trust owners: an owner moves property into a revocable trust so it is managed under the trust terms.Friends or business partners: people with clear agreements about the property, such as partners moving property into a jointly owned company.Points to Consider:No warranty: the grantee accepts the risk of liens or claims against the property.Simplicity: quitclaim deeds are short and quick to prepare and sign compared with warranty deeds.Taxes: a transfer of mortgaged property can owe documentary stamp tax, and a gift may need a federal gift tax return.QuickDeeds prepares Florida quitclaim deeds for a $350 flat fee.

A Florida quitclaim deed has no expiration date. Once the grantor signs it with two witnesses and a notary and delivers it to the grantee, the transfer is complete. The grantee keeps that interest until it is sold, given away, or passed at death.Recording does not make the deed valid, but it protects the grantee. Florida law says an unrecorded deed is not effective against a later buyer or creditor who paid value without notice. A quitclaim deed left in a drawer for years leaves the grantee exposed to that risk, so it should be recorded with the county clerk promptly.A quitclaim deed cannot be cancelled because the grantor changes their mind. To reverse it, the grantee must sign a new deed back, or a court must set it aside for reasons such as fraud, undue influence, or lack of capacity. See can a quit claim deed be revoked.A quitclaim deed passes only whatever interest the grantor actually had. When a promise of good title is needed, a general warranty deed may fit better.

In Florida, a property owner can prepare a quitclaim deed for their own property. Preparing a deed for someone else is generally the practice of law, so it is limited to licensed Florida attorneys, with limited exceptions such as title agents preparing documents for transactions they insure. A nonlawyer who prepares deeds for others can face penalties for unauthorized practice of law.Risks of Preparing a Deed Without an AttorneyLegal requirements: Florida deeds must meet witness, notary, address, and format rules. Missing one can make the deed unrecordable or open to challenge.Errors: a wrong legal description or name can cloud the title and require a corrective deed or court action.Recording problems: the clerk can reject a deed that lacks required names, addresses, or margins, which delays the transfer.Tax issues: a transfer of mortgaged property can owe documentary stamp tax, and a gift may require a federal gift tax return.Responsibility: an owner who prepares a deed alone has no one to look to if a mistake surfaces later.Time: finding the right legal description and form takes time.What an Attorney DoesReviews the prior deed for the correct names, legal description, and current ownership.Drafts a deed that meets Florida's form and recording requirements.Explains doc stamps, gift tax, homestead, and mortgage issues.Answers questions about the form of ownership and how the deed fits the owner's estate plan.QuickDeedsQuickDeeds' experienced attorneys offer expert consultations by phone or Zoom for a $350 flat fee, and QuickDeeds prepares the quitclaim deed at no additional cost. QuickDeeds serves all 67 Florida counties and prepares the deed within 1 to 2 days after the consultation. eRecording is available for an additional fee.

A quitclaim deed transfers property without any promise that the title is free of liens or defects. It is used most often when the parties know each other and a title warranty is not needed.The quitclaim deed comes from English common law as a simple way to release an interest in land. Unlike a warranty deed, which includes promises about the title, a quitclaim deed transfers only whatever interest the grantor holds, if any.Common Uses in FloridaFamily transfers: a parent gives a vacation home to an adult child. The parties may skip a title search, though one is still advisable if the child wants to know about liens.Adding or removing a spouse: after marriage, an owner adds a spouse to the title. After a divorce, a former spouse signs over an interest in the home.Trusts and LLCs: an owner moves real estate into a revocable living trust or an LLC. LLC transfers can trigger doc stamps and lender issues, so they should be reviewed first.Co-owner releases: two siblings inherit a home, and one signs a quitclaim deed giving that share to the other.Clearing a possible claim: a person who may have an interest signs a quitclaim deed so the record owner's title is clear.A misspelled name or wrong legal description in an earlier deed is usually fixed with a corrective deed rather than a quitclaim deed.Quitclaim deeds are not recommended for sales between strangers or where significant money changes hands, because they give the buyer no protection against title defects.

Quitclaim deeds are not reported to the IRS when they are recorded. The transfer can still have tax effects that must be reported, depending on the facts.Gift Tax:Annual exclusion: a transfer for less than fair market value is a gift for federal tax purposes. For 2026, the annual gift tax exclusion is $19,000 per recipient.Gift tax return: if the gift is worth more than the annual exclusion, the grantor generally must file Form 709. No gift tax is due until lifetime taxable gifts pass the basic exclusion amount, which is $15,000,000 for 2026.Capital Gains:Carryover basis: a person who receives property as a gift generally takes the giver's basis, meaning the original price plus improvements. A later sale can produce a larger taxable gain.Step-up at death: property received at the owner's death, such as through a Lady Bird deed, generally receives a basis equal to fair market value at death, which can reduce capital gains tax.Sales:If the quitclaim deed is part of a sale, the seller reports any gain on an income tax return. The closing agent may file Form 1099-S.Mortgages:If the new owner takes over the grantor's mortgage, the debt relief is treated as an amount the grantor received. That can turn a gift into a part gift and part sale, with possible gain for the grantor. A tax adviser can review the numbers.

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 DeedWriting 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 CostsRecording 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 UsesTransfers 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 BetterIn 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 AloneA 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.

A quitclaim deed is a document that transfers a person's interest in real estate to someone else. It is often used when a property owner gives property to a family member or a former spouse.A quitclaim deed makes no promises. It does not say the property is free of debts or that the grantor is the true owner. It simply passes whatever ownership the grantor has. In plain terms, it says: "Whatever rights I have in this property, I am handing them over."Because it gives no warranties of title, a quitclaim deed is most common between people who know each other well.Basics of a Quitclaim DeedType of document: a legal instrument that transfers an interest in real property.Grantor: the person transferring the interest gives up any rights or claims to the property.Grantee: the person receiving the interest takes it without any title warranties from the grantor.Distinguishing FeaturesNo warranties: the grantor makes no promises about the title.No ownership promise: the grantor does not confirm ownership or say the title is free of liens.Typical uses: transfers within a family, divorce settlements, and moving property into a trust.Practical EffectsRelationship-based transfers: common where the parties already know the property's history.Divorce and family transfers: a simple way to move a spouse's interest after a divorce or between relatives.Speed: no sale contract or title search is needed, though a title search is still a good idea when the grantee wants to know about liens.Florida quitclaim deeds still need two witnesses and a notary, and they should be recorded with the county clerk.

Yes. Florida documentary stamp tax applies to a quit claim deed the same way it applies to any other deed. The tax is based on the consideration for the transfer, not on the type of deed.Tax Rate:Standard rate: $0.70 for every $100 of consideration, or fraction of $100, with a $0.70 minimum.Miami-Dade County: $0.60 for every $100, plus a $0.45 surtax for deeds of property other than a single-family residence.What Counts as Consideration:Money paid: the price paid for the property.Mortgage balance: any mortgage on the property counts, whether or not the new owner assumes it. A family transfer of a mortgaged home can owe real tax even when no cash changes hands.Gifts: a gift of property with no mortgage and nothing paid generally owes only the $0.70 minimum.Who Pays:The tax is paid when the deed is recorded with the clerk in the county where the property is located. The parties can agree who pays.Exemptions:Divorce: a transfer of the marital home between spouses or former spouses under a divorce is not taxable.Spouses and homestead: a transfer of homestead between spouses is not taxable when the only consideration is the mortgage.Trusts and entities: transfers to a revocable trust, an LLC, or another entity have their own rules and should be reviewed before recording.An attorney can confirm the correct tax before the deed is recorded.

The main disadvantage for a buyer who receives a quitclaim deed is the lack of title warranties. A quitclaim deed does not promise that the grantor owns the property or that it is free of liens. Here are the main risks:No Title Assurance:No warranties: the grantor transfers only whatever interest the grantor has, without promising the title is free of defects.Liens and encumbrances: unpaid property taxes, mortgages, and other liens stay with the property.Title Insurance Questions:Underwriting: a title insurer looks at the full title history. A buyer can often still get a policy if the search shows good title, but some insurers ask more questions when the seller gives only a quitclaim deed.Without a policy: a buyer without title insurance has no protection if a title claim appears later.Resale and Financing:Resale: a property bought by quitclaim deed can be harder to resell if the title has questions.Financing: lenders require clear title and a lender's title policy, which can be harder to get when the title history is unclear.Due Diligence:Title search: a buyer should order a title search before accepting a quitclaim deed in any sale.Legal review: an attorney can review the search and explain the risks.

Yes. A Florida property owner can sell property using a quit claim deed, but the buyer gets no title warranties. The seller transfers whatever interest the seller has and makes no promises that the property is free of liens or other claims.Points to Consider:Title insurance: a buyer can usually still buy an owner's title insurance policy if a title search shows good title. The insurer looks at the title history, not just the type of deed. Some insurers ask more questions when the seller gives a quit claim deed.Buyer risk: a quit claim deed gives the buyer no claim against the seller if a title problem appears later. That is why quit claim deeds are more common between family members than in sales.Marketability: many buyers and lenders expect a warranty deed in a sale, so offering only a quit claim deed can narrow the pool of buyers.Legal advice: an attorney can explain which deed fits the sale and what each party is promising.Disclosure: Florida sellers of residential property have a duty to disclose known facts that materially affect value, no matter which deed is used.A sale by quit claim deed is legal, but buyers should get a title search and title insurance before closing.

Generally, no. A Florida quit claim deed cannot be revoked once it has been signed, delivered, and accepted. It transfers the grantor's interest to the grantee without warranties, and the transfer is final.Why It Is Final:Completed transfer: once the grantor signs and delivers the deed and the grantee accepts it, the grantor has no remaining rights in the property and cannot take it back alone.Recording: recording with the clerk of court is not needed for the transfer to be valid between the parties, but it gives public notice and protects the grantee against later buyers and creditors. Recording does not change whether the deed can be revoked.Exceptions:Fraud, duress, undue influence, or lack of capacity: a court can set aside a deed obtained this way. The person challenging the deed must prove it.Agreement: if both parties agree, the grantee can sign a new deed transferring the property back. The original deed is not cancelled. A second deed reverses it.Before Signing:Both parties should understand that a quit claim deed is permanent. An attorney can explain the effect before the deed is signed. Owners who want to keep the power to change their mind may be better served by a lady bird deed.