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Written by Lumr Team
A Florida quitclaim deed is a legal document that transfers whatever ownership interest you have in Florida real estate to another person or entity. You can instantly draft this document with all your relevant details using Lumr’s customizable Florida quitclaim deed template.
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A Florida quitclaim deed allows you to transfer whatever ownership interest you have of a property in Florida to a grantee.
It only transfers the ownership interest you legally hold at the time.
While it transfers ownership, this document does not guarantee that the grantor has a clear title or that the property is not claimed by another party.
When drafting a quitclaim deed, Florida law dictates the required elements. Generally, you must follow these requirements:
| Requirement | Florida Statute | Details |
|---|---|---|
| Written deed | Fla. Stat. § 689.01 | Your quitclaim deed must be a written form. |
| Grantor and grantee | Fla. Stat. § 689.025 | You must include the legal names and post-office addresses of both the grantor and grantees. |
| Consideration | Fla. Stat. § 689.025 | You must also state the consideration given for the transfer. |
| Property details | Fla. Stat. § 689.025 | The form must state the county the property is located in and include a complete legal description. |
| Parcel ID | Fla. Stat. § 689.025 | There should be an allocated space for the parcel identification number, and you should include this number if it’s available before recording. |
| Two witnesses | Fla. Stat. § 689.01 | The grantor must sign the deed in the presence of two subscribing witnesses. |
| Acknowledgment | Fla. Stat. § 695.03 | If you want to record the deed, its execution must be acknowledged, proved, or authenticated as Florida law allows. A notary acknowledgement is a common way to do this in Florida. |
| Recording | Fla. Stat. § 695.26 | For recording, the deed generally must include required names and addresses, preparer and witness information, and space for the clerk. |
A quitclaim deed is often used in Florida to:
It’s important to note that you cannot sign a quitclaim deed in Florida on behalf of a deceased person.
A probate, homestead or other applicable law should instead determine who owns or has the authority to transfer the property.
Important: If you are married and the property is your Florida homestead, your spouse generally must join in the transfer.
It’s possible to transfer property with an existing mortgage using a quitclaim deed. However, the deed does not remove anyone from the mortgage loan.
The document only changes the ownership interest in the property. It does not change your obligations to pay back a mortgage to a lender.
If you signed the mortgage note, you can remain responsible for the debt even after transferring your ownership interest.
You should always review your mortgage terms before signing a quitclaim deed. Your mortgage debt may count as consideration when calculating Florida documentary stamp tax.
If you need to quickly draft a Florida quitclaim deed form you can use our customizable template. The steps below outline the complete Florida quitclaim deed process.
Start by entering the legal names and addresses of both the grantor and grantee on the form.
You also need to provide:
Next, you need to sign the quitclaim deed in front of two subscribing witnesses. You should also include their names and addresses when signing it.
You need to make sure that your document meets Florida’s acknowledgment or proof requirements. It cannot be recorded if it does not meet these requirements.
A common way to achieve this is to acknowledge the deed before a notary.
Finally, take the finished deed to the clerk of the circuit court in the county where the property is located. You may also be required to pay Florida documentary stamp taxes and recording fees.
Still have some doubts about using a quitclaim deed in Florida? Here are the answers to some of the most common questions about the document.
Not exactly. For a quitclaim deed to transfer property in Florida, it must first be delivered to the grantee.
Next, it must be accepted by the grantee with the intent to transfer title.
Recording a quitclaim deed is not what makes it effective. However, it can help protect the grantee against some types of third-party claims.
Yes, you can use a quitclaim deed to transfer an owner’s interest in Florida real property to an LLC.
However, the transfer can affect:
Before you make the transfer to an LLC, it’s a good idea to consult a legal expert about these details.
Yes. A quitclaim deed can be used during or after a divorce.
However, when you make the transfer, your spouse is not automatically removed from the mortgage.
You also need to make sure that you follow all of the requirements set out in the divorce agreement.
When you sign a quitclaim deed in Florida, two subscribing witnesses are required.
To record the document, the subscribing witnesses’ names and addresses must also be included.
No. A Florida quitclaim deed does not provide title warranties.
The deed can be used to transfer the:
This means the grantee receives no guarantee that the title is clear from title problems. This might include liens or ownership disputes.
Generally, you cannot revoke an effective quitclaim deed after it has been delivered and accepted.
You also cannot undo the original document by signing another quitclaim deed.
The transfer can be reversed if either:
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