Florida Quitclaim Deed

PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.

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What Is a Florida Quitclaim Deed?

A Florida quitclaim deed is a legal document used to transfer whatever ownership interest a person (the grantor) currently holds in a property to another party (the grantee), without providing any guarantees about the title's history. It makes no promises that the property is free of liens, mortgages, or other encumbrances. The grantee accepts the property entirely "as is" regarding the title status.

When to Use a Quitclaim Deed in Florida

  • Transferring property between close family members, such as from parents to children.
  • Adding or removing a spouse's name from the property title following marriage or divorce.
  • Moving personal real estate into a living trust or a closely held LLC.
  • Clearing up a minor title defect or ambiguity discovered in the public records.

Florida Requirements for Quitclaim Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 2 witnesses are required by Florida law.
  • Recording: The deed must be filed with the County Clerk of Circuit Court in the county where the land is located.
  • Transfer Tax / Recording Fees: $0.70 per $100. Strong homestead protections; documentary stamp tax; must disclose if no consideration.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Quitclaim Deed vs Other Deeds in Florida

The primary difference is the level of title protection. A Florida warranty deed includes promises from the seller that the title is clear and defendable. A quitclaim deed provides zero warranties, leaving the new owner responsible for any historical title issues.

Frequently Asked Questions

Do both spouses need to sign a quitclaim deed on a Florida homestead?

Yes. Florida has some of the strongest homestead protections in the country. Under Article X, Section 4 of the Florida Constitution, if the property is classified as homestead, both the owner and their spouse must sign any deed that transfers or encumbers the property. This applies even if only one spouse is listed on the title.

What is the documentary stamp tax on a Florida quitclaim deed?

Florida charges a documentary stamp tax of $0.70 per $100 of the property's consideration (0.7%). In Miami-Dade County, an additional surtax of $0.45 per $100 applies (total $1.15 per $100). For deeds with no consideration (such as transfers between family members), the tax is typically based on the outstanding mortgage balance, if any.

Where do I record a Florida quitclaim deed?

You must take the original, notarized deed to the County Clerk of Circuit Court in the jurisdiction where the property is physically located and pay the required recording fee.

Does a quitclaim deed transfer my mortgage in Florida?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Can I write my own quitclaim deed in Florida?

Yes, you can draft your own deed as long as it strictly adheres to Florida's legal requirements for formatting, legal description, and notarization.