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If you want to transfer property ownership to someone else quickly, a quitclaim deed is a convenient method. A quitclaim deed allows someone to transfer their ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.

However, since quitclaim deeds offer no warranty of title, the people who use them usually know and trust each other. They should not be used to transfer property between strangers. For example, you might use a quitclaim to add a spouse or family member to a title or deed.

You also could use a quitclaim deed to transfer property from an individual and a trust or a business owner to a business entity. Quitclaim deeds are also used to transfer title to the property in connection with a divorce as a way to remove one of the spouse's names from a title.

In other real estate transactions – in which the sellers and buyers don't know each other -- a warranty deed is used. A warranty deed guarantees that the grantor has legal title to the property. If the grantor finds out that the grantor does not have the title, the grantee can sue the grantor.

How Does a Quitclaim Deed Work in Florida?

A quitclaim deed allows someone to transfer their ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.

Under Florida Statute § 695.01 to 695.28, anyone who wants to own real estate must do so in writing by way of a deed. The most common form of deed in the state is a quitclaim deed.

In a Florida quitclaim deed – just as in those of other states – no warranties exist. That means there is no guarantee that the grantor has the right to transfer the real estate or that the property is not subject to any liens.

Also, it's essential to understand that a quitclaim deed transfers only what the grantor actually owns. For example, if two people jointly own a property and one of them uses a quitclaim deed to transfer their interest to a sibling, only half of the ownership would be involved.

When to Use a Quitclaim Deed in Florida

Since there is some risk in accepting a quitclaim deed, this property transfer method is typically used between people who know and trust each other. Here are some of the common property transfers that use a quitclaim deed in Florida:

  • To a spouse or other family member as a gift
  • To a former spouse as part of a divorce settlement
  • To or from a revocable living trust
  • To a business
  • To add someone to the deed
  • To remove someone from the deed
  • To settle uncertainties about other claims (relinquishing the rights to an easement, for example)

Keep in mind that a quitclaim deed differs from both a general warranty deed and a special warranty deed in Florida. Both general warranty and special warranty deeds ensure warranties of title. A quitclaim deed offers no such guarantee.

Florida Quitclaim Deed Requirements

A quitclaim deed in Florida has the following requirements:

  • The grantor's legal name as it appeared on the deed when the grantor obtained title
  • The grantee's full legal name
  • A legal description of the property. (This description is usually found in the deed that transferred the property to the grantor.)
  • The street address of the property
  • The property "folio" number used by the property appraiser

The state of Florida requires that the grantor must sign the deed before two witnesses and a notary public. Then, the witnesses must sign in the presence of the notary public.

How to Get a Florida Quitclaim Deed Form

A quitclaim deed must be in proper legal form in order to be valid. The legal document includes a legal description of the property, the county where it is located, the date of transfer, and the full legal names of the parties involved in the transfer. If a price is being paid for the transfer, that amount also must be included.

Get Your Florida Quitclaim Deed

How to File a Quitclaim Deed in Florida

Here are the basic steps to filing a quitclaim deed in Florida:

  • Complete the quitclaim deed form template online.
  • Print the form.
  • Sign the document in front of two witnesses and a notary public.
  • Make copies of the signed document for each party.
  • Pay the transfer tax (also known as the stamp tax) and recording fees in your county to the Clerk of the Court for the county. The grantor typically pays this tax, which is 70 cents per every $100 of the property's sale price. (Miami-Dade County is the exception; its tax rate of 60 cents per $100.)
  • Record the original document with the county recorder for the county where the property is located.

Until the quitclaim deed is recorded by the county, it is not valid against any third-party interests. It can take anywhere from two weeks to several months for the deed to be officially recorded after it has been filed.

FAQs about Florida Quitclaim Deed

  • Who are the parties in a Florida Quitclaim Deed?

    As we have seen, a quitclaim deed is a legal document that transfers ownership of property. The legal terms for the parties involved in the transaction are the following:

    Grantor. The grantor is the individual who is transferring their ownership or interest in a real property. Grantee. The grantee is the individual to whom the interest in a real property is being transferred.

  • Can a Florida Quitclaim Deed be revoked?

    Once a quitclaim deed has been legally prepared and filed, it cannot be withdrawn. However, if the signing and filing of the deed resulted from fraud, threats, or another form of illegal or undue influence, you should consult an attorney.

  • Is a Florida Quitclaim Deed secure?

    A Florida quitclaim deed offers the grantee no protection whatsoever about the property or the ownership of the property. There is no guarantee that the grantor actually owns all or part of the real estate.

    If you are a property owner in Florida and feel that a quitclaim deed is the right method for you, the good news is that it can be an easy and straightforward transaction. When you visit Lawdistrict.com, you can create the proper form in just minutes.

If you want to transfer property ownership to someone else quickly, a quitclaim deed is a convenient method. A quitclaim deed allows someone to transfer their ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.

However, since quitclaim deeds offer no warranty of title, the people who use them usually know and trust each other. They should not be used to transfer property between strangers. For example, you might use a quitclaim to add a spouse or family member to a title or deed.

You also could use a quitclaim deed to transfer property from an individual and a trust or a business owner to a business entity. Quitclaim deeds are also used to transfer title to the property in connection with a divorce as a way to remove one of the spouse's names from a title.

In other real estate transactions – in which the sellers and buyers don't know each other -- a warranty deed is used. A warranty deed guarantees that the grantor has legal title to the property. If the grantor finds out that the grantor does not have the title, the grantee can sue the grantor.

How Does a Quitclaim Deed Work in Florida?

A quitclaim deed allows someone to transfer their ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.

Under Florida Statute § 695.01 to 695.28, anyone who wants to own real estate must do so in writing by way of a deed. The most common form of deed in the state is a quitclaim deed.

In a Florida quitclaim deed – just as in those of other states – no warranties exist. That means there is no guarantee that the grantor has the right to transfer the real estate or that the property is not subject to any liens.

Also, it's essential to understand that a quitclaim deed transfers only what the grantor actually owns. For example, if two people jointly own a property and one of them uses a quitclaim deed to transfer their interest to a sibling, only half of the ownership would be involved.

When to Use a Quitclaim Deed in Florida

Since there is some risk in accepting a quitclaim deed, this property transfer method is typically used between people who know and trust each other. Here are some of the common property transfers that use a quitclaim deed in Florida:

  • To a spouse or other family member as a gift
  • To a former spouse as part of a divorce settlement
  • To or from a revocable living trust
  • To a business
  • To add someone to the deed
  • To remove someone from the deed
  • To settle uncertainties about other claims (relinquishing the rights to an easement, for example)

Keep in mind that a quitclaim deed differs from both a general warranty deed and a special warranty deed in Florida. Both general warranty and special warranty deeds ensure warranties of title. A quitclaim deed offers no such guarantee.

Florida Quitclaim Deed Requirements

A quitclaim deed in Florida has the following requirements:

  • The grantor's legal name as it appeared on the deed when the grantor obtained title
  • The grantee's full legal name
  • A legal description of the property. (This description is usually found in the deed that transferred the property to the grantor.)
  • The street address of the property
  • The property "folio" number used by the property appraiser

The state of Florida requires that the grantor must sign the deed before two witnesses and a notary public. Then, the witnesses must sign in the presence of the notary public.

How to Get a Florida Quitclaim Deed Form

A quitclaim deed must be in proper legal form in order to be valid. The legal document includes a legal description of the property, the county where it is located, the date of transfer, and the full legal names of the parties involved in the transfer. If a price is being paid for the transfer, that amount also must be included.

Get Your Florida Quitclaim Deed

How to File a Quitclaim Deed in Florida

Here are the basic steps to filing a quitclaim deed in Florida:

  • Complete the quitclaim deed form template online.
  • Print the form.
  • Sign the document in front of two witnesses and a notary public.
  • Make copies of the signed document for each party.
  • Pay the transfer tax (also known as the stamp tax) and recording fees in your county to the Clerk of the Court for the county. The grantor typically pays this tax, which is 70 cents per every $100 of the property's sale price. (Miami-Dade County is the exception; its tax rate of 60 cents per $100.)
  • Record the original document with the county recorder for the county where the property is located.

Until the quitclaim deed is recorded by the county, it is not valid against any third-party interests. It can take anywhere from two weeks to several months for the deed to be officially recorded after it has been filed.

FAQs about Florida Quitclaim Deed

  • Who are the parties in a Florida Quitclaim Deed?

    As we have seen, a quitclaim deed is a legal document that transfers ownership of property. The legal terms for the parties involved in the transaction are the following:

    Grantor. The grantor is the individual who is transferring their ownership or interest in a real property. Grantee. The grantee is the individual to whom the interest in a real property is being transferred.

  • Can a Florida Quitclaim Deed be revoked?

    Once a quitclaim deed has been legally prepared and filed, it cannot be withdrawn. However, if the signing and filing of the deed resulted from fraud, threats, or another form of illegal or undue influence, you should consult an attorney.

  • Is a Florida Quitclaim Deed secure?

    A Florida quitclaim deed offers the grantee no protection whatsoever about the property or the ownership of the property. There is no guarantee that the grantor actually owns all or part of the real estate.

    If you are a property owner in Florida and feel that a quitclaim deed is the right method for you, the good news is that it can be an easy and straightforward transaction. When you visit Lawdistrict.com, you can create the proper form in just minutes.