What Is a Quit Claim Deed and When Should You Use One in Florida?
Quit Claim Deeds are simple tools for transferring property interests—often between family members—but they aren’t right for every situation. Here’s how they work in Florida and when to consider alternatives.
How a Quit Claim Deed Works
A Quit Claim Deed transfers whatever ownership interest the grantor currently holds in the property to the grantee, with no promises about title quality. Because it offers no warranties, it’s best for low-risk transfers where the parties know and trust each other.
Common Uses in Florida
- Adding or removing a spouse from the title after marriage or divorce
- Transferring property to children or other family members
- Moving property into a trust or aligning title with an estate plan
- Correcting names or minor title discrepancies
When a Quit Claim Deed May Not Be Right
If a buyer expects clear title warranties, consider a Warranty Deed. If your primary goal is probate avoidance while keeping control during your lifetime, ask about Enhanced Life Estate (Lady Bird) Deeds or traditional Life Estate Deeds.
Florida Execution & Recording Tips
- Use the complete legal description (not just the street address).
- Follow Florida witnessing and notarization formalities.
- Confirm county recording fees and documentary stamp tax, if applicable.
- Remember: changing the deed does not change the mortgage—coordinate with your lender if needed.
Avoid These Common Mistakes
- Using a Quit Claim Deed when a buyer needs title warranties
- Omitting legal description or using an old/deed book reference only
- Incorrect vesting (how new owners hold title)
- Failing to consider tax, Medicaid, or estate planning consequences
Considering a deed change? Our St. Augustine real estate attorneys draft, execute, and record deeds across St. Johns County. We’ll help you pick the right deed for your goals.
Related Reading
This article is for general information only and is not legal advice.
FAQ
Is a Quit Claim Deed reversible?
Not automatically. Once recorded, changing ownership generally requires a new deed and consent from the current owner(s). Get legal advice before signing.
How long does recording take?
Once executed correctly, most deeds are recorded within a few business days, depending on the county’s processing times.
What’s the difference between “title” and “mortgage”?
Title reflects ownership; a mortgage is a loan secured by the property. A deed transfer won’t remove someone from the mortgage without lender approval.