What Is a Quitclaim Deed in Florida?
A quitclaim deed can be useful for certain Florida property transfers, particularly between people who know and trust each other. But it does not provide the title warranties associated with some other deeds, and using the wrong deed can create unintended ownership, mortgage, homestead, estate-planning and tax consequences.
A Florida quitclaim deed transfers whatever ownership interest the person signing the deed—the grantor—has in the property to the grantee. Unlike a warranty deed, a quitclaim deed generally does not promise that the grantor owns good title or that the property is free of title problems.
How Does a Quitclaim Deed Work in Florida?
A deed is a document used to transfer an ownership interest in real property. With a quitclaim deed, the grantor transfers whatever interest the grantor has in the property, if any, to the grantee.
The important feature of a quitclaim deed is what it generally does not provide: warranties concerning the quality of title. The deed may effectively transfer the grantor's ownership interest, but the form of deed itself does not establish that title is free of liens, competing claims, recording issues or other defects.
Key point: A quitclaim deed does not mean that title is necessarily defective. It means the grantor generally transfers the grantor's interest without the title warranties associated with a warranty deed.
When Are Quitclaim Deeds Commonly Used?
Quitclaim deeds are often considered where the parties already understand the ownership history and the transfer is not a traditional arm's-length real estate sale.
Transfers Between Spouses
A deed may be used to add or change a spouse's ownership interest following marriage, divorce or other property planning.
Family Transfers
Parents, children and other family members sometimes use quitclaim deeds for transfers that do not involve a conventional purchase transaction.
Trust and Estate Planning
Property may need to be retitled to coordinate ownership with a properly designed trust or broader estate plan.
Certain Corrective Transfers
Depending on the circumstances, a deed may be used to address a name issue, ownership interest or problem arising from a prior transfer.
Adding someone to a deed can create a present ownership interest. That can affect control of the property, creditor exposure, taxes, estate planning and the ability to sell or finance the property later.
Quitclaim Deed vs. Warranty Deed and Other Florida Deeds
The appropriate deed depends on the transaction and the legal result the property owner wants to accomplish. A quitclaim deed should not be selected merely because a form is readily available or appears simple to prepare.
| Deed Type | Potential Use | Important Distinction |
|---|---|---|
| Quitclaim Deed | Selected family, trust, intra-owner or corrective transfers. | Generally transfers the grantor's interest without warranties of title. |
| Warranty Deed | Common in transactions where a purchaser expects title warranties from the seller. | Provides warranties concerning title according to the language of the deed and applicable law. |
| Enhanced Life Estate Deed | May be considered for certain probate-avoidance and estate-planning objectives. | Serves a different planning purpose and should be evaluated as part of the owner's overall estate plan. |
| Traditional Life Estate Deed | Divides property rights between a life tenant and remainder beneficiaries. | Creates property interests that may materially affect future control and disposition. |
Need the Right Deed for Your Florida Property?
St. Johns Law Group can review the current ownership, intended transfer and related real estate or estate-planning considerations before the deed is prepared and recorded.
Florida Quitclaim Deed Execution and Recording
Preparing a deed involves more than inserting names into a standard form. The deed should correctly identify the parties and property, use the intended ownership language, satisfy applicable execution requirements and be suitable for recording.
Confirm Current Ownership
Review the current deed and available title information so the existing ownership and party transferring the interest are correctly identified.
Use the Correct Legal Description
The deed should accurately identify the real property being conveyed. A street address should not be treated as a substitute for an accurate legal description.
Select the Intended Vesting
The deed should state how the new owner or owners will hold title. Different ownership structures can have very different legal consequences.
Properly Execute the Deed
Florida deeds must be executed in accordance with applicable signing, witnessing and acknowledgment requirements.
Record the Deed
A properly executed deed is generally recorded in the official records of the Florida county where the real property is located.
An incorrectly prepared deed can create more than a recording delay. Errors involving the legal description, parties, vesting or execution can later become title issues when the property is sold, refinanced, inherited or disputed.
Does a Quitclaim Deed Remove Someone From the Mortgage?
No—not by itself. The deed and the mortgage involve different legal relationships.
A deed addresses ownership of the real property. A promissory note, mortgage and related loan documents address the debt and the lender's rights. Transferring an ownership interest by deed does not automatically release someone from obligations under a loan.
A person can therefore transfer an ownership interest in the property and still remain obligated on the underlying loan. Existing mortgage documents and lender requirements should be considered before transferring financed property.
Florida Homestead and Spousal Considerations
Florida homestead law can make deed planning especially important. Depending on the circumstances, marital status, occupancy, family relationships and the nature of the property can affect the legal consequences of a proposed transfer.
A deed involving a married property owner should therefore not automatically be treated as a routine transaction merely because only one spouse appears on the existing deed.
Before transferring Florida homestead: consider whether the proposed deed could affect homestead rights, spousal interests, creditor protection, tax treatment or the owner's estate plan.
Quitclaim Deeds and Estate Planning
A property owner may want to change title in order to avoid probate, transfer property to a trust, provide for family members or simplify administration after death.
Those can be legitimate planning objectives, but simply adding another person to a deed can create an immediate property interest rather than merely determining who receives the property after the owner's death.
Depending on the owner's goals, an attorney may consider whether a trust, enhanced life estate deed, traditional life estate or another planning structure would better accomplish the intended result.
Documentary Stamp Tax and Recording Costs
Recording a deed ordinarily involves recording charges and may, depending on the transaction and consideration involved, also involve Florida documentary stamp tax or other costs.
A transfer described informally as a “gift” or made for nominal stated consideration should not automatically be assumed to have no tax consequences, particularly where existing indebtedness or other consideration is involved.
Common Quitclaim Deed Mistakes
Using the Wrong Deed
A quitclaim deed may be inappropriate when a grantee expects title warranties or another deed better accomplishes the intended transaction.
Incorrect Legal Description
An incomplete or inaccurate legal description can create uncertainty about what property was actually conveyed.
Incorrect Ownership Language
Failing to properly state how multiple owners will hold title can create legal consequences that were never intended.
Ignoring the Mortgage
A change in title does not automatically change the borrower's obligations to a mortgage lender.
Overlooking Homestead
Florida homestead and spousal rights can complicate what otherwise appears to be a straightforward transfer.
Ignoring the Estate Plan
Adding a person to title can create a present ownership interest rather than simply controlling what happens after death.
Should You Use an Online Quitclaim Deed Form?
A generic online form cannot determine whether a quitclaim deed is actually the correct legal instrument for a particular transfer.
It also cannot independently determine whether the legal description, ownership structure, homestead treatment, mortgage implications and estate-planning consequences match the property owner's objectives.
Correcting a deed or resolving a later title problem can be far more difficult than evaluating the transaction before the deed is signed and recorded.
Florida Property Ownership and Title Counsel
St. Johns Law Group assists Florida property owners with deeds, transactions, title issues and real estate disputes.
Quitclaim Deed Attorney
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Real Estate Issues Often Extend Beyond the Deed
Property transfers can involve real estate law, title, financing, estate planning, probate, tax considerations and disputes between owners or family members.
As a full-service law firm, St. Johns Law Group can address the deed while also identifying related legal issues that may affect the transaction or the owner's longer-term objectives.
Frequently Asked Questions
General information about Florida quitclaim deeds and property transfers.
Does a quitclaim deed prove that someone has good title?
No. A quitclaim deed transfers whatever interest the grantor has without the title warranties generally associated with a warranty deed. Title should be evaluated separately where ownership history or title quality matters.
Is a Florida quitclaim deed reversible?
Not automatically. Once an ownership interest has been transferred, changing the ownership generally requires another legally effective transfer or other appropriate legal relief.
Does a quitclaim deed remove someone from the mortgage?
No. A deed concerns ownership of the property. It does not by itself release a borrower from a promissory note, mortgage or other obligations owed to a lender.
Can I add my spouse or child to my Florida deed?
A deed can create an ownership interest in another person, but doing so can affect control, creditor exposure, taxes, homestead rights and estate planning. Those consequences should be considered before the transfer.
Do I need the property's legal description?
A deed should accurately identify the property being conveyed. A street address alone should not be treated as a substitute for the property's legal description.
Is a quitclaim deed always the best way to avoid probate?
No. Probate avoidance is an estate-planning objective. Depending on the circumstances, a trust, enhanced life estate deed or another planning technique may be more appropriate.
How long does it take to record a Florida deed?
Processing time varies by county and method of submission. More important than speed is making sure the deed is correctly prepared and executed before it is submitted for recording.
Should I use a quitclaim deed for a normal home sale?
Not necessarily. In a traditional purchase transaction, the buyer may expect title protections or warranties that a quitclaim deed does not provide. The appropriate deed should be determined from the transaction.
Considering a Florida Deed Transfer?
Before changing ownership of real property, make sure the deed, title, mortgage and broader legal consequences match what you intend to accomplish.
This article is provided for general informational purposes only and is not legal advice. Laws and individual circumstances vary. Viewing this website or contacting St. Johns Law Group does not create an attorney-client relationship. An attorney-client relationship is established only through a written engagement agreement accepted by St. Johns Law Group.