Quitclaim Deeds in Florida: What You Need to Know

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St. Augustine Quit Claim Deed Lawyer

Quitclaim Deeds in Florida: What You Need to Know

When it comes to transferring property in Florida, there are several types of deeds you can use. One of the most common—but also most misunderstood—is the quitclaim deed. At St. Johns Law Group, our real estate attorneys often help clients determine when a quitclaim deed is the right tool and how to use it safely.

What Is a Quitclaim Deed?

A quitclaim deed is a legal document used to transfer a person’s interest in a property to another party. Unlike a warranty deed, it does not guarantee that the person transferring the property actually has clear ownership or that there are no liens or title issues. In other words, the grantee (the person receiving the property) gets only whatever interest the grantor (the person transferring) actually has—nothing more, nothing less.

Because of this lack of guarantees, quitclaim deeds are typically used in low-risk property transfers where the parties trust each other.

Common Situations for Quitclaim Deeds

Quitclaim deeds are most useful in situations where ownership changes need to happen quickly and without the formalities of a full real estate sale:

  • Family Transfers – Parents transferring property to children or between siblings.

  • Marriage or Divorce – Adding a new spouse to the deed or removing an ex-spouse after divorce.

  • Estate Planning – Moving property into or out of a trust.

  • Correcting Title Errors – Fixing mistakes in property descriptions or ownership records.

In each of these cases, the parties usually already know each other and understand the risks involved.

Advantages of Quitclaim Deeds

Quitclaim deeds are popular because they are:

  • Quick and simple – A straightforward way to transfer property ownership.

  • Affordable – Usually less costly than other deeds.

  • Flexible – Useful in estate planning, divorce, and family transfers.

Risks and Limitations

Despite their benefits, quitclaim deeds have serious limitations:

  • No guarantees – If the property has liens, debts, or ownership disputes, the grantee assumes those problems.

  • No mortgage relief – If there’s an outstanding mortgage, the grantor may still be responsible even after signing over their interest.

  • Potential for fraud – Because they are relatively simple, quitclaim deeds can be abused by scammers.

This is why it’s important to consult a real estate attorney before relying on a quitclaim deed.

Quitclaim vs. Warranty Deeds

When selling property to someone outside your family or in a traditional real estate transaction, a general warranty deed is usually better because it provides the buyer with the most protection against title issues. Quitclaim deeds are best reserved for trusted, non-commercial transfers.

Why Work With a Real Estate Attorney?

Even though quitclaim deeds look simple, mistakes in drafting or recording can lead to title problems, disputes, or costly litigation. At St. Johns Law Group, we help clients in St. Augustine, Ponte Vedra, Nocatee, Palm Coast, and across Northeast Florida:

  • Review title and identify potential issues

  • Draft and notarize quitclaim deeds

  • Record deeds with the appropriate county office

  • Advise on whether a different deed type would better protect your interests

Final Thoughts

A quitclaim deed can be a useful legal tool—but it is not always the right choice. Before transferring property, it’s important to understand both the benefits and the risks. Having a knowledgeable St. Augustine real estate attorney guide you through the process ensures your transfer is valid, recorded, and tailored to your needs.

If you’re considering a quitclaim deed in Florida, contact St. Johns Law Group today for trusted legal advice.