Quitclaim Deed Florida: Rules, Taxes, and Key Risks Guide

Quit Claim Deed Florida

Quitclaim Deed Florida Basics

A quitclaim deed Florida document is used to transfer a person’s ownership interest in real estate to another party. A quitclaim deed transfers whatever ownership rights the grantor currently has but does not guarantee that the title is clear or free from liens.

Because a quitclaim deed Florida transfer does not provide warranty protection, it is most commonly used between people who already know and trust each other rather than during traditional real estate sales.

When a Quitclaim Deed Florida Is Commonly Used

A quitclaim deed Florida transaction is frequently used in situations such as:

• Adding or removing a spouse from property ownership

• Transferring property after divorce

• Transferring property between family members

• Moving property into or out of a trust or business entity

• Correcting errors on a previously recorded deed

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Although a quitclaim deed can simplify certain transfers, it usually does not provide the protections buyers expect when purchasing property from an unrelated seller.

Quitclaim Deed Florida Legal Requirements

Florida law establishes specific requirements for preparing a valid quitclaim deed Florida document. Under Florida Statute 689.01, transfers of real property must be in writing and signed by the grantor in the presence of two witnesses.

A quitclaim deed Florida generally must include:

• Full legal names of the grantor and grantee

• Mailing addresses for all parties

• Accurate legal description of the property

• Statement transferring ownership interest

• Grantor’s signature

• Two witness signatures

• Notary acknowledgement

• Name and mailing address of the document preparer

  
  

Florida recording standards under Florida Statute 695.26 also require printed names beneath signatures and proper formatting to avoid rejection by the county clerk.

Special Homestead Rules for a Quitclaim Deed Florida Transfer

If the property involved in a quitclaim deed Florida transaction is considered homestead property, Florida Statute 689.111 typically requires both spouses to sign the deed, even if only one spouse is listed on the title.

Failing to include a required spouse signature can invalidate the transfer and create title complications. This is one of the most common mistakes property owners make when preparing a quitclaim deed.

Documentary Stamp Tax and Quitclaim Deed Florida Transfers

Many property owners are surprised to learn that a quitclaim deed Florida transfer may trigger documentary stamp tax. Florida law requires this tax on most documents that transfer an interest in real property, including a quitclaim deed.

In most Florida counties, documentary stamp tax is generally calculated at $0.70 per $100 of consideration involved in the transfer. Miami-Dade County uses a different rate depending on the type of property.

Consideration does not always mean cash payment. Documentary stamp tax may also apply when a quitclaim deed Florida transfer involves:

• Mortgage balances

• Debt forgiveness

• Property exchanges

• Transfers involving items of value

  
  

Certain transfers between former spouses related to divorce may qualify for exemptions, and transfers between spouses without mortgages may also avoid tax. Each transaction should be reviewed carefully before recording a quitclaim deed Florida document.

Failing to properly calculate and pay documentary stamp tax can result in penalties, interest, or delays in recording.

Why Recording a Quitclaim Deed Florida Document Is Important

Florida follows a notice recording system under Florida Statute 695.01. This means property transfers must be formally recorded to provide public notice of ownership changes.

If multiple transfers occur and one deed is not recorded, the party who properly records their deed may receive ownership priority. Recording a quitclaim deed Florida document also helps preserve the chain of title, which documents the history of ownership and helps prevent future disputes.

Under Florida Statute 695.11, documents are considered recorded once filed with the clerk of court and assigned an official record number. Earlier recorded documents generally receive priority over later filings.

Risks of Using a Quitclaim Deed

A quitclaim deed transfers property ownership “as is.” This means the new owner accepts any existing title defects, liens, or ownership disputes associated with the property. Once a quitclaim deed Florida document is recorded, reversing the transfer typically requires cooperation from the new owner.

It is also important to understand that a quitclaim deed does not automatically avoid probate or replace comprehensive estate planning in many situations.

Help Preparing a Quitclaim Deed Florida Document

Preparing a quitclaim deed Florida document requires accuracy and compliance with Florida statutory and recording requirements. Even minor errors can lead to rejected filings, tax complications, or future title disputes.

PennySmart Group assists clients with professional document preparation services for quitclaim deeds through mobile, remote, and in-office appointments. PennySmart Group is not a law firm and does not provide legal advice but helps ensure documents are properly prepared and ready for recording.

If you need help preparing a quitclaim deed Florida document, call or text 941-282-5787 or schedule a consultation to get started.