When Should a Quitclaim Deed Be Used in Florida?

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 Florida

1. Family 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.

2. 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.

3. 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.

4. Co-owner releases: two siblings inherit a home, and one signs a quitclaim deed giving that share to the other.

5. 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.