A Florida quitclaim deed transfers whatever interest the grantor has in a property, if any, without promising that the title is good. Families use it for transfers between spouses or relatives. It must be signed before two witnesses under section 689.01 and meet the recording rules in section 695.26, and homestead rules may require a spouse to sign.
People reach for a quitclaim deed because it looks easy: a one page form, a couple of signatures, a trip to the recording office. In the right situation it is the correct tool. In the wrong one it can leave a family with a title problem, an unexpected tax, or a transfer that is not valid at all because a spouse did not sign. This article explains what a quitclaim deed actually does under Florida law and how it compares with the other deeds you are likely to hear about. It is part of our real estate law library.
What does a quitclaim deed do?
A quitclaim deed transfers whatever interest the person signing it (the grantor) has in the property, and nothing more. If the grantor owns the whole property, the whole property passes. If the grantor owns half, half passes. If the grantor owns nothing, nothing passes, and the person receiving it (the grantee) has no claim against the grantor because no promise about title was made.
That is the key difference from a warranty deed. Section 689.03 provides that a deed in the Florida statutory warranty deed form is held to be a warranty deed with full common law covenants, which bind the grantor and the grantor's heirs as if the covenants were written out. A quitclaim deed makes no such covenants.
How do the common Florida deeds compare?
| Deed | Promises about title | Typical use | Main caution |
|---|---|---|---|
| Warranty deed | Full covenants that title is good, under section 689.03 for the statutory form | Sales to unrelated buyers | The grantor stays responsible for covered title defects |
| Special warranty deed | Promises cover only problems arising while the grantor owned the property | Sales by companies, lenders and fiduciaries | Earlier defects fall outside the grantor's promise |
| Quitclaim deed | None | Transfers between spouses or family members, or to clear up a possible interest | Gives the grantee no recourse if title is defective |
| Enhanced life estate (lady bird) deed | Depends on the form used | Passing a home at death outside probate while the owner keeps control | Must be coordinated with homestead and the rest of the estate plan |
Florida recognizes enhanced life estate deeds, which our article on lady bird deeds in Florida covers in depth.
When do Florida families use a quitclaim deed?
- Adding a spouse to the title of a home one spouse already owns, or removing one after a divorce.
- Moving property between family members where no money changes hands and everyone knows the history of the title.
- Releasing a possible claim, for example when someone's name appears in the chain of title and a title insurer asks for a deed to clear it.
- Moving property into an entity or trust the owner controls, although a warranty or special warranty deed is often used for this instead.
A buyer paying fair value to a stranger should almost never accept a quitclaim deed. In a sale, the buyer needs the seller's promises about title and an owner's title insurance policy, which our real estate closings page explains.
What are the signing and recording rules in Florida?
- Two witnesses. Section 689.01 requires a deed conveying real estate to be signed in the presence of two subscribing witnesses. A quitclaim deed is no exception.
- Names and addresses. Section 695.26(1) requires, for recording, each signer's name printed beneath the signature with a post office address, each witness's printed name and post office address, the printed name of the notary or other officer, and the name and post office address of the person who prepared the deed.
- Grantee information. The same section requires each grantee's name and post office address on deeds that convey an interest in real property.
- Space for the recording office. Section 695.26 also reserves blank space at the top right of the pages.
- Recording in the right county. The deed is recorded in the official records of the county where the property is. In Orange County that is the Orange County Comptroller's Official Records Department; in Broward County it is the Records, Taxes and Treasury Division.
A deed that does not meet these requirements may be rejected or may create a defect that has to be fixed later, sometimes through real estate litigation such as a quiet title action.
Thinking about signing or accepting a quitclaim deed? Request a free consultation first, and bring the current deed and any mortgage statement.
Is documentary stamp tax due on a quitclaim deed?
It can be. Section 201.02(1) imposes documentary stamp tax on deeds and other instruments that convey an interest in Florida real property, measured by the consideration. The statute provides that consideration includes the amount of any mortgage or other encumbrance on the property, whether or not the debt is assumed. So a "gift" of a home that still has a mortgage on it may be taxed based on the mortgage balance. The rate and any exemptions are set by statute and Department of Revenue rules; check them for your transfer before recording.
Why is homestead the biggest pitfall?
If the property is a Florida homestead, Article X, section 4(c) of the Florida Constitution provides that "the owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift." A married owner who quitclaims a homestead to a child without the spouse joining may end up with a deed that does not do what was intended. The same section restricts how a homestead can be left at death when the owner is survived by a spouse or minor child, and a quitclaim deed is sometimes used, incorrectly, to try to get around those rules. Our Florida homestead planning page explains those restrictions.
Taxes are another homestead trap. A transfer can be a change of ownership that resets the Save Our Homes assessment limit under section 193.155(3), and the new owner must qualify and apply for the exemption separately. Our Florida homestead exemption guide explains how that works.
What other risks should I consider?
- The mortgage does not move. A deed changes ownership, not who owes the loan. Many mortgages also have their own terms about transfers.
- Creditors of the new owner. Once a child or relative is on title, their creditors and their divorce can affect the property.
- Control. After you sign, you cannot take the property back just by changing your mind. The grantee would have to deed it back.
- Title insurance. A quitclaim deed does not come with a title policy, and it can complicate a future sale if the history is unclear.
Where can I get help?
We prepare and review deeds for families and businesses across Florida, and Central Florida clients can meet with us at our Orlando office. Because the firm limits its caseload, you work directly with an attorney who will look at the title, the homestead rules and the tax consequences before anything is signed.
David Cannady is the founding partner of Cannady & Associates. A former Florida prosecutor, he was admitted to The Florida Bar in 2014 and earned his J.D. at Florida State University College of Law.
This article is general information about Florida law, not legal advice for your situation. Laws change; talk to a lawyer about your facts.
