Florida Quit Claim Deed: A Guide to Requirements, Forms, and Recording

Transfers Between Family Members

Quit claim deeds are commonly used for property transfers between a family member and another family member. When adding a spouse to title after marriage, transferring property to children as part of estate planning, or removing an ex-spouse from title after divorce, the family relationship provides sufficient trust that warranties are unnecessary.

Florida’s documentary stamp tax under Florida Statutes Section 201.02 may be reduced or eliminated for certain family transfers, particularly those involving no consideration or nominal consideration. Additionally, Florida’s Save Our Homes portability provisions and homestead protections create special considerations for family transfers that make proper deed preparation crucial.

Correcting Title Issues

Quit claim deeds effectively resolve various title defects and irregularities. If a previous deed contains a misspelled name, incorrect legal description, or other technical error, a corrective quit claim deed can clear up the record. When a person who may have an interest in property wants to release any potential claim—even if their actual ownership is uncertain—a quit claim deed accomplishes this simply and definitively.

These correction scenarios don't involve traditional "consideration" in the same way a sale does, making the quit claim deed's lack of warranties irrelevant. The goal is clarifying the record, not warranting title quality.

Trust and Estate Transfers

Florida property owners frequently use quit claim deeds to transfer real property into or out of living trusts. When you're transferring property from your individual name into your revocable living trust, you're essentially transferring to yourself as trustee, making warranties unnecessary. Similarly, trustees may use quit claim deeds to transfer property to beneficiaries according to trust terms.

Divorce Settlements

When a Florida divorce decree awards one spouse the former marital home or other real property, the other spouse typically executes a quit claim deed to transfer their interest. A marital settlement agreement often facilitates the use of a quit claim deed to transfer property ownership as part of the divorce process. Since both parties previously owned the property together and the transfer is pursuant to a court order, warranties about title quality are unnecessary. Both parties already know the title condition, and the transfer is legally mandated rather than negotiated.

Florida’s homestead protections under Article X, Section 4 of the Florida Constitution create special considerations for marital property transfers, particularly regarding whether documentary stamp taxes apply to divorce-related conveyances.

When NOT to Use a Quit Claim Deed

Despite their utility in specific situations, quit claim deeds are inappropriate for traditional real estate purchases between unrelated parties. If you’re buying property from someone you don’t know well, it is not advisable to accept a quit claim deed. The lack of warranties means you have no recourse if title problems emerge after the transfer, and there is no legal recourse available to the grantee in such situations.

Similarly, lenders will not accept quit claim deeds when property is being used as collateral for a loan. Mortgage companies require warranty deeds that provide title warranties and allow them to pursue the grantor if title defects threaten the loan’s security.

Essential Elements of a Valid Quit Claim Deed

Under Florida Statutes Sections 689.01 and 689.02, every quit claim deed must include certain essential elements to be valid and recordable in Florida.

The deed must identify the grantor (person transferring property) with their complete legal name exactly as it appears on the current title. If the grantor’s name has changed since they acquired the property—through marriage or other circumstances—the deed should reference both the current name and the name under which they took title.

The grantee (person receiving property) must be identified with their complete legal name and mailing address. Florida Statutes Section 695.26 requires that deeds include a return address where the recorded document will be mailed after recording. Many Florida counties also require the grantee’s mailing address for property tax purposes.

A complete legal description of the property is mandatory under Florida Statutes Section 689.01. This description must be sufficient to identify the exact property being transferred and typically includes a reference to a recorded plat, section-township-range description, or a metes and bounds description. Providing just a street address is not sufficient for a valid legal description in Florida; the legal description must go beyond the street address and include specific property identifiers such as lot, block, and subdivision details.

The deed must contain granting language that demonstrates the grantor’s intent to transfer their interest. For quit claim deeds, Florida recognizes language such as “remise, release, and quit claim” or simply “quit claim” as sufficient to convey whatever interest the grantor possesses. This language distinguishes quitclaim deeds from warranty deeds, which include specific covenants about title quality.

Under Florida Statutes Section 689.01(2), the deed must include the property’s folio number (also called the parcel identification number or tax ID number). Without this information, the county property appraiser cannot properly identify the property for tax assessment purposes, and the clerk may reject the deed for recording.

Signature and Witness Requirements

Florida has unique execution requirements that differ significantly from most other states. Under Florida Statutes Section 689.01, the grantor must sign the quit claim deed in the presence of two subscribing witnesses who also sign the document.

This two-witness requirement is mandatory for all deeds in Florida, regardless of whether they're being recorded. The witnesses must be present at the same time when the grantor signs, and both witnesses must then sign the deed acknowledging that they witnessed the grantor's signature.

Florida law does not impose specific qualifications for witnesses beyond that they must be competent individuals. However, it's generally advisable that witnesses not be family members of the grantor or have a financial interest in the transaction to avoid potential challenges.

Notarization and Acknowledgment

In addition to the two-witness requirement, Florida Statutes Section 695.03 requires that the grantor's signature be acknowledged before a notary public or other officer authorized to take acknowledgments for the deed to be recorded.

The notary acknowledgment serves as proof that the person signing is actually the grantor and is signing voluntarily. The acknowledgment must substantially comply with the forms provided in Florida Statutes Section 695.03. The standard acknowledgment includes a statement by the notary that the grantor personally appeared, was known to the notary or produced satisfactory identification, and acknowledged executing the deed.

Florida's dual requirement of both witnesses and notarization sets it apart from many other states. Some states require one or the other, but Florida mandates both for all deeds affecting real property.

If the grantor cannot personally sign due to physical disability, Florida law provides alternatives. Under Florida Statutes Section 689.01, if the grantor cannot sign, they may make their mark in the presence of witnesses, and one of the witnesses can write the grantor's name beside the mark. Alternatively, an attorney-in-fact acting under a properly executed power of attorney can sign on behalf of the grantor, though the power of attorney must specifically grant real estate authority under Florida Statutes Chapter 709.

For property held in trust, the trustee must sign in their capacity as trustee, and the deed should reference the trust by name and date. Florida Trust Code provisions in Chapter 736, Florida Statutes, govern trustee powers regarding trust property.

Documentary Stamp Tax

Florida imposes a documentary stamp tax on real property transfers under Florida Statutes Section 201.02. The state tax rate is $0.70 per $100 of consideration (or fractional part thereof) for most real property transfers. Miami-Dade County imposes an additional surtax of $0.60 per $100, bringing the total rate in that county to $1.30 per $100.

The documentary stamp tax is calculated based on the "consideration" for the transfer. For traditional sales, this is the purchase price. For transfers without traditional monetary consideration—such as gifts between family members or transfers into trusts—Florida law requires the tax to be calculated on the full market value of the property or the outstanding mortgage balance being assumed, whichever is greater.

Certain transfers are exempt from documentary stamp tax under Florida Statutes Sections 201.02 and 201.031. These exemptions include transfers for consideration of $100 or less (though the full consideration must be genuinely nominal), transfers to secure debt or mortgages, transfers between spouses in connection with divorce where no consideration is paid beyond release of marital rights, transfers to or from governmental entities, transfers by gift where no consideration is paid and no debt is assumed, and certain transfers to correct errors in prior deeds.

When claiming an exemption, the deed must clearly state the basis for the exemption. Documentary stamps, when applicable, must be purchased and affixed to the deed or paid electronically at the time of recording. The amount of documentary stamps purchased becomes part of the public record and is often used by property appraisers to assess property values.

Recording Requirements

While recording a quit claim deed is not legally required for the transfer to be valid between the grantor and grantee, recording is essential for protecting the grantee’s interest against subsequent purchasers and creditors. Under Florida Statutes Section 695.01, recorded deeds provide constructive notice to all persons of the conveyance.

To record a quit claim deed in Florida, you must submit the original signed, witnessed, and notarized deed to the county clerk or county clerk's office for official recording in the county where the property is located. Florida Statutes Section 695.26 specifies formatting requirements for recorded documents including the first page must contain a blank space of at least three inches from the top for the clerk’s recording information, documents must be on white paper measuring 8.5 by 11 inches or 8.5 by 14 inches, text must be legible and reproducible, and all signatures must be in black ink.

Each Florida county charges recording fees established by Florida Statutes Section 28.24. In addition to the recording fee, a filing fee may also be required by the county clerk's office.

You must pay the applicable documentary stamp tax at the time of recording unless the transfer is exempt. The clerk's office will reject deeds that don’t include required elements such as the property’s folio number, proper execution with two witnesses and notarization, or payment of applicable documentary stamp taxes. When submitting your documents to the county clerk's office, it is recommended to include a self addressed stamped envelope to ensure the return of the recorded deed from the clerk's office.

Step 1: Obtain the Correct Form

Florida does not provide an official statutory quit claim deed form, but the essential elements are well-established through Florida Statutes Chapter 689. LegalNature offers intuitive, state statute compliant Florida quit claim deed templates.

Ensure the form you use complies with Florida recording requirements under Section 695.26, including proper spacing at the top of the first page for recording information and appropriate paper size and formatting. Using a Florida-specific form designed for your county helps ensure compliance with local requirements.

Step 2: Gather Necessary Information

Before completing the deed, collect all required information. You'll need the grantor's complete legal name exactly as it appears on the current recorded title. If the name has changed since acquiring the property, note both the current name and the name under which the property was acquired (for example, "Jane Doe Smith, formerly known as Jane Doe").

Obtain the grantee's complete legal name and mailing address as required by Florida law. Verify the property's complete legal description from the current deed or title report, and obtain the property's folio number from the county property appraiser's website or office. This folio number is mandatory under Florida Statutes Section 689.01(2).

Determine whether documentary stamp tax applies and calculate the amount owed, or identify the applicable exemption under Florida Statutes Section 201.02. You'll also need the return address where the recorded deed should be mailed after recording.

Step 3: Complete the Quit Claim Deed Form

Fill in all required information carefully and accurately. In the grantor section, include the complete name(s) of all current owners exactly as shown on the current recorded title. If property is held in trust, include the trustee's name and capacity, plus the trust name and date.

In the grantee section, provide complete names and consider specifying how grantees will hold title. Florida recognizes several forms of co-ownership including joint tenants with rights of survivorship, tenants in common, tenancy by the entireties (for married couples), and life estates. Under Florida Statutes Section 689.15, property conveyed to multiple grantees is presumed to be held as tenants in common unless the deed specifically states otherwise.

Include the complete legal description of the property exactly as it appears in prior recorded documents. Most people copy this verbatim from the current deed to ensure accuracy. Include the property's folio number as required by Section 689.01(2).

Add the granting clause using appropriate quit claim language such as "remise, release, and quit claim" rather than "grant" or "warrant," which would imply warranties about title quality.

State the consideration for the transfer. Even if the property is being gifted, Florida law requires that consideration be stated. Common language includes "for $10.00 and other good and valuable consideration" for gift transfers, or the actual purchase price for sales.

Include the documentary stamp tax information, either showing the amount of tax being paid or clearly stating the basis for any claimed exemption under Florida Statutes Section 201.02.

Step 4: Execute with Proper Formalities

Arrange for the grantor to sign the deed in the presence of two witnesses. The transfer is not effective until the grantor executes and delivers the deed to the grantee. All three parties—the grantor and both witnesses—should be present at the same time. The grantor signs first, and then both witnesses sign, acknowledging that they witnessed the grantor’s signature.

After the grantor and witnesses have signed, the grantor must appear before a Florida notary public to acknowledge their signature. The notary will verify the grantor’s identity through satisfactory identification, confirm that the grantor executed the deed voluntarily, and complete the notary acknowledgment section.

In Florida, the witnesses and notarization typically occur during the same meeting, though they technically can be done separately. The most efficient approach is to have the grantor, both witnesses, and a notary public all present at the same time to complete the entire execution process.

If multiple grantors are involved (such as a married couple transferring jointly-owned property), all grantors must sign in the presence of two witnesses, and all must appear before the notary. While the same two witnesses can witness all signatures, each grantor must acknowledge their signature before the notary.

Step 5: Prepare Supporting Documentation

Prepare any required supporting documents. If claiming a documentary stamp tax exemption, you may need to attach an affidavit explaining the basis for the exemption under Florida Statutes Section 201.02. For transfers involving trusts, some counties require a copy of the trust agreement or a certification of trust as authorized by Florida Statutes Section 736.1017.

Prepare a cover letter or recording transmittal that includes the return address where the recorded document should be mailed, the property's folio number, contact information in case the clerk has questions, and a check or money order for recording fees and documentary stamp taxes if applicable.

Step 6: Record the Deed

Take or mail the original executed quitclaim deed and supporting documents to the clerk of the circuit court in the county where the property is located. Include payment for recording fees based on the fee schedule in Florida Statutes Section 28.24, plus payment for documentary stamp tax unless an exemption applies.

A grantee can be an individual or a business entity, such as an LLC or trust. Some property owners choose to transfer property to their own LLC for legal protection or financial planning purposes.

Many Florida counties now offer online recording services through approved vendors, which can expedite the recording process. Visit your county clerk’s website to determine whether electronic recording is available and what the procedures are.

The clerk will review the deed to ensure it meets all statutory requirements including proper execution with two witnesses and notarization, inclusion of the folio number, proper formatting with adequate margins and space for recording stamps, payment of applicable documentary stamp taxes or valid exemption, and compliance with other recording requirements under Florida Statutes Chapter 695.

If the deed meets all requirements, the clerk will record it in the official records, stamp it with the recording information (book and page number or official record number and date), and return a recorded copy to the address specified. This typically takes 2-4 weeks, though electronic recording can be faster.

The recorded copy serves as proof that the transfer is part of the public record and provides constructive notice to all parties under Florida Statutes Section 695.01.

Forms of Property Ownership in Florida

Florida recognizes several ways to hold property title, each with different legal implications for inheritance, creditor rights, and transferability.

Tenancy by the Entireties is a special form of ownership available only to married couples in Florida. Under Florida Statutes Section 689.15 and Florida case law, when property is conveyed to a husband and wife (or parties to a valid marriage), it's presumed to be held as tenancy by the entireties unless the deed specifies otherwise. This ownership form provides protection from creditors of only one spouse, includes automatic right of survivorship, and requires both spouses to consent to any transfer or encumbrance of the property.

Joint Tenancy with Rights of Survivorship can be created between any parties, not just married couples. Under Florida Statutes Section 689.15, joint tenancy must be explicitly created in the deed with language such as "as joint tenants with rights of survivorship." When one joint tenant dies, their interest automatically passes to the surviving joint tenants outside of probate. All joint tenants must have equal ownership shares.

Tenancy in Common is the default form of co-ownership when property is conveyed to multiple grantees without specifying the ownership type. Under Florida law, tenants in common can hold unequal shares (specified in the deed or presumed equal if not specified), each co-owner's interest passes through their estate at death and is subject to probate, and each owner can independently transfer their share without the other owners' consent.

Life Estates grant one person (the life tenant) the right to use and occupy property during their lifetime, with ownership automatically passing to remainder beneficiaries upon the life tenant's death. Life estates can be useful for estate planning but create complications if circumstances change, as the life tenant cannot sell or mortgage the property without the remaindermen's consent.

When completing a quit claim deed, specify clearly how grantees will hold title. For married couples, failing to specify ownership type will result in tenancy by the entireties by operation of law under Florida Statutes Section 689.15. For unmarried co-owners, failing to specify will result in tenancy in common.

Florida's Homestead Protections

Florida's constitutional homestead protections, established in Article X, Section 4 of the Florida Constitution, create significant considerations for property transfers. Homestead property receives protection from forced sale by creditors (with limited exceptions), qualifies for property tax benefits under the Save Our Homes assessment limitation, and has restrictions on who can transfer or encumber it.

For married individuals, Florida's homestead laws generally prohibit transfer or encumbrance of homestead property without the spouse's consent, regardless of how title is held. Under Florida Statutes Section 732.4015, if one spouse attempts to transfer homestead property without the other spouse's joinder, the transfer may be void or voidable.

When using a quit claim deed to transfer Florida homestead property, ensure both spouses sign as grantors if the property is homestead, even if only one spouse's name appears on title. The non-titled spouse must release their homestead rights for the transfer to be valid.

Recording Acts and Priority of Interests

Promptly recording quit claim deeds is essential in Florida for protecting the grantee’s interest. An unrecorded quitclaim deed leaves the grantee vulnerable to subsequent transfers or liens that might be recorded first. While the deed is valid between the grantor and grantee without recording, it provides no protection against competing claims if it is not recorded.

Recording also establishes a clear chain of title that title insurance companies and lenders require when the property is later sold or refinanced. Gaps in the recorded chain of title can create significant problems and expenses to resolve. Before accepting a quitclaim deed, it is recommended to conduct a title search to uncover any potential liens, encumbrances, or breaks in the chain of title.

Warranty Deeds

Warranty deeds provide the strongest protection for grantees by including comprehensive warranties about title quality. In a Florida warranty deed, the grantor warrants that they have good title to the property, that the property is free from all encumbrances except those specifically listed, that the grantor will defend the title against all claims, and that the grantee will have quiet enjoyment of the property.

Under Florida Statutes Section 689.02, certain words in a deed automatically incorporate these warranties by operation of law. Using words such as "grant, bargain, and sell" creates a presumption that the grantor is making these warranties unless the deed specifically excludes them.

Warranty deeds are standard in most Florida real estate sales between unrelated parties and provide significantly more protection than quitclaim deeds. If you're purchasing property, insist on a warranty deed rather than accepting a quitclaim deed.

Special Warranty Deeds

Special warranty deeds, common in Florida commercial transactions, provide more limited warranties than general warranty deeds. The grantor warrants only against title defects arising during their period of ownership, not against defects that existed before they acquired the property.

This limited warranty is more protection than a quitclaim deed but less than a full warranty deed, making special warranty deeds a middle-ground option for certain transactions.

Transfer on Death Deeds

Unlike some states, Florida does not currently authorize transfer-on-death (TOD) deeds for real property. While TOD designations are available for certain assets like vehicles and bank accounts, Florida has not enacted legislation allowing real property to be transferred via TOD deed.

Florida property owners who want to avoid probate must use other methods such as Lady Bird deeds, living trusts, or joint tenancy with rights of survivorship.

Living Trusts

Transferring property into a revocable living trust is another common alternative to quitclaim deeds for estate planning purposes. The property owner creates a trust agreement, then transfers property from their individual name to themselves as trustee of the trust.

Living trusts avoid probate, provide management for property if the grantor becomes incapacitated (particularly when combined with a durable power of attorney), maintain privacy since trust documents aren't public record, and allow for detailed distribution instructions that may not be possible with other transfer methods.

Under Florida Statutes Section 689.071, transfers into revocable trusts where the grantor remains the beneficiary generally don't trigger documentary stamp tax and don't affect homestead protections or Save Our Homes benefits.

Do I Need a Real Estate Attorney?

Florida does not require attorney involvement for quitclaim deeds, and many straightforward transfers between family members or into trusts can be completed without legal representation. Florida is one of the few states where non-attorneys can assist with deed preparation as long as they don't provide legal advice.

However, consulting an attorney is advisable for complex situations including transfers involving Florida homestead property, especially for married individuals, transfers intended to avoid creditors or protect assets, transfers involving significant property value or complex title issues, transfers related to divorce when marital property rights are involved, situations where the property has existing mortgages or liens, or when you're uncertain about property tax implications.

Real estate attorneys can also help ensure compliance with Florida's unique witness and notarization requirements and structure transfers to preserve homestead benefits and other property tax advantages.

Can I Use a Quitclaim Deed If There's a Mortgage?

You can execute a quitclaim deed even if the property has an existing mortgage, but important considerations apply. Most mortgages contain “due-on-sale” clauses that technically allow the lender to demand full repayment when ownership transfers. However, federal law under 12 U.S.C. § 1701j-3 prohibits lenders from enforcing due-on-sale clauses for certain transfers including transfers between spouses or to immediate family members, transfers into a living trust where the borrower remains a beneficiary, and transfers resulting from borrower death to a relative who inherits the property.

Even when the due-on-sale clause cannot be enforced, the original borrower remains personally liable for the mortgage debt and ongoing mortgage payments unless the lender agrees to a release or the new owner formally assumes the loan. Simply transferring property via quitclaim deed does not transfer the mortgage obligation or release the original borrower from being personally liable for mortgage payments.

For purposes of calculating documentary stamp tax, Florida law under Section 201.02 requires that when property is transferred subject to an existing mortgage, the tax is calculated on the greater of the actual consideration paid or the amount of debt being assumed.

How Long Does It Take?

Completing a quitclaim deed can be done quickly—sometimes in a single day if all parties, witnesses, and a notary are available. However, the recording process typically takes 2-4 weeks depending on the clerk's workload and the county's procedures. Some Florida counties offer expedited recording services for additional fees.

The transfer is legally effective between the parties upon delivery of the executed deed, but recording is necessary for full protection against third-party claims under Florida's recording statutes.

Can a Quitclaim Deed Be Reversed?

Once properly executed, witnessed, notarized, and delivered, a quitclaim deed generally cannot be unilaterally reversed by the grantor. The property has been transferred, and the grantor no longer has any interest to reclaim.

The only ways to “undo” a quitclaim deed transfer are if the grantee voluntarily executes a new quitclaim deed transferring the property back to the original grantor, a court orders the transfer reversed due to fraud, undue influence, lack of capacity, or other legal defect under Florida law, both parties agree to rescind the transfer and execute appropriate documents, or the deed is reformed due to mutual mistake under Florida equity principles. In court-ordered reversals, such challenges may include claims of fraud, duress, or errors in the deed.

Florida courts have held that quitclaim deeds, like all deeds, can be set aside for lack of mental capacity, fraud, or duress, but the burden of proof is on the party challenging the deed. This is why careful consideration before executing a quitclaim deed is essential.

Does a Quitclaim Deed Affect My Estate Plan?

Yes, executing a quitclaim deed immediately changes property ownership and can significantly affect your estate planning documents. Property transferred by quitclaim deed is no longer part of your estate and generally cannot be controlled by provisions in your last will and testament.

If you have a will that leaves your house to a specific person, but you later transfer that house via quitclaim deed to someone else, the will provision becomes ineffective because you no longer own the property at death. Florida Statutes Section 732.606 provides that a specific devise of property in a will is adeemed (fails) if the testator no longer owns the property at death.

Coordinate quitclaim deed transfers with your overall estate plan. If you're transferring property into a living trust, ensure your trust documents are current and properly executed under Florida law. Consider whether the transfer affects your intended distribution and whether updates to your will or other estate planning documents are necessary.

Additionally, consider the impact on Florida homestead protections. Under Article X, Section 4 of the Florida Constitution and Florida Statutes Section 732.4017, homestead property is subject to special devise restrictions that limit who can inherit it. Transferring property via quitclaim deed may eliminate or preserve these protections depending on how the transfer is structured.

What About Property Taxes and Save Our Homes?

Transferring property via quitclaim deed can affect Florida's Save Our Homes portability benefits under Florida Statutes Section 193.155. When homestead property is transferred to a new owner, it typically loses the accumulated Save Our Homes benefit and is reassessed at market value, potentially causing substantial property tax increases.

However, certain transfers are exempt from reassessment under Florida law. Transfers between spouses, certain transfers to correct errors in deeds, transfers into or out of revocable trusts where the grantor remains the beneficiary, and limited ownership changes that don't affect the beneficial ownership may not trigger reassessment.

Additionally, Florida Statutes Section 193.155(8) allows homestead portability, meaning homeowners who sell their homestead and purchase a new one can transfer up to $500,000 of their accumulated Save Our Homes benefit to the new property. Understanding how quitclaim deeds affect these benefits is important before completing a transfer.

Consult with the property appraiser's office in your county before executing a quitclaim deed to understand the property tax implications of your specific transfer.