Last updated February 16, 2023
Quitclaim Deeds in Florida
A Quitclaim Deed is a document that transfers real estate ownership without guaranteeing that the property title is free and clear of any defects. It’s a fast and easy way to transfer real estate ownership in Florida, and all other states.
Since there isn’t a title guarantee, Quitclaim Deeds should only be used when the recipient is certain of the other party’s ownership. The parties must trust one another completely.
Our template is valid for residential, commercial, and undeveloped real estate in all Florida counties.
Common uses of Quitclaim Deeds in Florida
Quitclaim Deeds do not guarantee that a property title is free of encumbrances and issues. Therefore, Floridians usually use them in secure, less-risky situations. For example, you may use a Quitclaim Deed to:
- Transfer property within a family, such as gifting a house to your adult child
- Transfer property from yourself to your business
- Add your spouse’s name to your property title after getting married
- Remove one spouse’s name from a property title after getting divorced
- Transfer property in or out of a trust
- Fix title defects, such as wording issues or missing names or signatures
If you want to guarantee that a property’s title is free and clear, use our Warranty Deed instead.
Parties to a Quitclaim Deed in Florida
With a Quitclaim Deed, the owner transferring interest is known as the grantor, and the recipient is known as the grantee.
A party can be both a grantor and a grantee. This is common when a property owner wants to add someone to the title. For example, to add your spouse to the title of your Florida home, you would list yourself as the grantor and a grantee and your spouse as a grantee only.
Also, there can be multiple grantors and grantees. For example, elderly spouses may own a cabin together and transfer it to their adult children. In that case, both spouses must sign the Quitclaim Deed as grantors.
Either the grantor or the grantee can create the Quitclaim Deed or they may create it together.
How do Quitclaim Deeds work in Florida?
In Florida, once a Quitclaim Deed is created, the grantor has to sign it. Generally, they sign on the last page above their printed name, in the presence of one or more witnesses and a notary public.
If the grantor is married, both the grantor and their spouse must sign the Quitclaim Deed even if the property title is solely in the grantor's name.
Next, the grantor must give the signed, witnessed, and notarized Quitclaim Deed to the grantee. Depending on the relationship between the two parties, a grantor may ask the grantee to sign a statement confirming that they’ve received the executed Quitclaim Deed.
Lastly, the grantee should get the Quitclaim Deed recorded at the Florida County Clerk of Court office where the property is located. Recording means submitting a document to the official county records. The office will charge the grantee a fee to record the deed.
Recording the Quitclaim Deed shows the grantee as the property owner on public record and is the last step in completing the title transfer from the grantor to the grantee. Generally, the county office copies the deed and returns the original to the grantee for their personal records.
What should my Quitclaim Deed include in Florida?
In Florida, a Quitclaim Deed should include the following components to ensure it is enforceable and accepted by a county’s Clerks of Court office.
- Party details, such as the grantor’s and grantee’s name and address.
- Sale price, which is known as the consideration.
- Property details, including the county where it is located, the parcel ID number, the date of the plat recording, and the legal property description.
- Prior grant details, including the volume, page number, original grantor, and Florida county.
- Signatures from the grantor, their spouse (if applicable), and their witnesses.
Note, if the grantor is married, their spouse’s name and signature should be on the Quitclaim Deed too, regardless of whether the property title is only in the grantor’s name.
Also, in Florida, you have to specify what the recipient is paying for the piece of real property. If you want to transfer property interest with a Quitclaim Deed without payment, you can list a negligible amount, such as $10.00, as the sale price.
Signatures have to be provided in the presence of a notary public. Please note that the grantee does not have to sign the Quitclaim Deed.
How do Quitclaim Deeds affect mortgages in Florida?
A Quitclaim Deed doesn’t change or transfer a mortgage. Furthermore, a Quitclaim Deed doesn’t eliminate one’s personal liability associated with a mortgage.
Suppose you own a house in Florida and want to add your new spouse to the title. Using a Quitclaim Deed will add your spouse’s name to the title, but it won’t add it to the mortgage. Instead, you must contact and work with your lender to alter or refinance your mortgage.
Similarly, using a Quitclaim Deed during a separation or divorce will not remove one spouse’s name from the Mortgage Agreement. So, even if you use a Quitclaim Deed to remove your name from the title, you could still be liable for mortgage payments.
Notarizing a Quitclaim Deed in Florida
Quitclaim Deeds must be notarized before they can be recorded and filed. Therefore, you must sign it in the presence of a notary public to properly execute the Quitclaim Deed.
Some people use an in-person notary public. However, more and more people are using an online notary public because of how fast and convenient it is.
Filing a Quitclaim Deed in Florida
Once the grantor has signed the Quitclaim Deed in the presence of their witnesses and a notary public, the grantee must file it with the County Clerk of Court where the property is located.
Filing a deed ensures that it becomes part of the public record so that the grantee will be listed as the property’s legal owner. The cost to file a Quitclaim Deed in Florida varies among the various counties.
Florida Statute 695.26 spells out the requirements for recording conveyances of real estate, which includes transferring real estate with a Quitclaim Deed. Our template follows these requirements.
To find out more information about filing a Quitclaim Deed, visit the website of your County Clerk of Court.
