Florida Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed as a quit claim deed) transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who trust each other.

2. 2

   Record it with the Clerk of the Circuit Court. Each clerk of the circuit court is the recorder for the county where the property is located (Fla. Stat. Section 28.222), and instruments go into the county's Official Records. Recording protects the grantee against later buyers and creditors who take without notice (Fla. Stat. Section 695.01).

3. 3

   Two subscribing witnesses are required. Florida requires a deed to be signed in the presence of two subscribing witnesses (Fla. Stat. Section 689.01). This is a stricter rule than most states, and a missing witness can make the deed defective, so both witnesses must sign in addition to the grantor.

4. 4

   You must also sign before a notary. To be recorded, a Florida quitclaim deed must be acknowledged (notarized) by the person signing it (Fla. Stat. Section 695.03). Acknowledgment is what entitles the deed to go on the public record, and it is separate from the two-witness requirement.

5. 5

   Expect a documentary stamp tax. Florida charges a documentary stamp tax of 70 cents on each $100 of the consideration (Fla. Stat. Section 201.02), paid to the clerk when the deed is recorded. Miami-Dade County uses a different rate. Consideration includes any mortgage on the property, even a gift deed with only nominal consideration owes a minimum tax.

6. 6

   Florida has a prescribed statutory quitclaim form. Fla. Stat. Section 689.025 sets out a form a quitclaim deed must substantially follow, using the operative words remise, release, and quitclaim. It must include the legal description and a blank for the parcel identification number.

7. 7

   Both spouses must join to convey a homestead. If the property is Florida homestead owned by a married person, both spouses must join in the deed (Fla. Stat. Section 689.111), even if only one spouse is on title. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Florida Requirements for Quitclaim Deed

• Sign Before Two Subscribing Witnesses

  Florida requires a deed to be signed in the presence of two subscribing witnesses (Fla. Stat. Section 689.01). This is stricter than most states. Both witnesses must sign the deed in addition to the grantor, and a missing witness can make the deed defective.

• Acknowledge the Deed Before a Notary

  To be entitled to recording, the execution of a Florida deed must be acknowledged (notarized) by the party signing it (Fla. Stat. Section 695.03). This notary acknowledgment is separate from the two-witness rule, so a recordable quitclaim deed needs both.

• Record With the Clerk of the Circuit Court

  Record the signed, witnessed, and notarized deed with the Clerk of the Circuit Court in the county where the property is located, because each clerk is the county recorder (Fla. Stat. Section 28.222). Recording protects the grantee against later buyers and creditors who take without notice (Fla. Stat. Section 695.01).

• Pay the Documentary Stamp Tax

  Florida charges a documentary stamp tax of 70 cents on each $100 of the consideration, paid to the clerk when the deed is recorded (Fla. Stat. Section 201.02). Consideration includes any mortgage on the property, whether or not it is assumed, and Miami-Dade County uses a different rate.

• Documentary Stamp Tax Exemptions for Spousal and Divorce Transfers

  Some transfers between spouses are exempt from the documentary stamp tax. A deed between spouses or former spouses of a marital home pursuant to a dissolution of marriage is exempt (Fla. Stat. Section 201.02(7)(a)), and a transfer of homestead between spouses is exempt when the only consideration is a mortgage on the homestead (Fla. Stat. Section 201.02(7)(b)).

• Use the Prescribed Statutory Quitclaim Form

  Florida prescribes a statutory quitclaim deed form that the deed must substantially follow (Fla. Stat. Section 689.025), using the operative words remise, release, and quitclaim. The form must include the legal description of the property and a blank space for the parcel identification number.

• Both Spouses Must Join to Convey a Homestead

  If the property is Florida homestead owned by a married person, both spouses must join in the conveyance (Fla. Stat. Section 689.111), even when only one spouse is on title. The joinder may be accomplished through a power of attorney. A homestead deed signed by one spouse alone may be invalid.

• Meet the Recording Format Rules

  For recording, the deed must legibly print each signer's name beneath the signature, each witness's name and post-office address beneath the witness signature, the preparer's name and address, and the grantee's name and address, and reserve a 3-inch by 3-inch space at the top right of the first page for the clerk (Fla. Stat. Section 695.26).