Florida Quitclaim Deed
A Florida quitclaim deed (or quit claim deed) needs two witnesses and a notary, then recording with the Clerk of the Circuit Court. Attorney review available.
Introduction
A quitclaim deed is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or even that you own anything at all. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. A quitclaim simply passes along whatever interest you hold, so people use it for lower-risk transfers between people who already trust each other: adding or removing a spouse after a marriage or divorce, moving a home into a living trust, or clearing up a possible claim on a title. In Florida the person giving up the interest is the grantor and the person receiving it is the grantee. Florida is one of the few states that requires a deed to be signed in the presence of two subscribing witnesses (Fla. Stat. Section 689.01), and to be recorded the deed must also be acknowledged before a notary (Fla. Stat. Section 695.03). You then record it with the Clerk of the Circuit Court in the county where the property sits, and the county collects a documentary stamp tax on the transfer. Attorney review is available as an option before you sign.
Key Things to Know
- 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
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
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
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
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
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
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.
Key decisions before you file
Before you file a Quitclaim Deed in Florida, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
Open the Quitclaim Deed guideCustomize your Quitclaim Deed Template with DocDraft
Florida Requirements for Quitclaim Deed
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.
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 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).
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.
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)).
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.
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.
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).
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Florida real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. Unlike a warranty deed, it makes no promise that you own the property or that the title is free of other claims. It simply passes along the interest you hold, if any, using the statutory words remise, release, and quitclaim (Fla. Stat. Section 689.025).
The difference is the promise about title. A Florida warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue if that turns out to be false. A quitclaim deed makes no such promise. Florida prescribes separate statutory forms for each: the quitclaim form at Fla. Stat. Section 689.025 conveys only the grantor's right, title, and interest, while the warranty form at Section 689.02 carries covenants of title.
Yes. 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 sign the deed in addition to the grantor, and for recording each witness's printed name and address must appear beneath the witness signature (Fla. Stat. Section 695.26). Missing this witness formality can leave the deed defective.
Yes. To be entitled to recording, the execution of a Florida deed must be acknowledged before a notary by the party signing it (Fla. Stat. Section 695.03). Notarization is separate from the two-witness requirement, so a valid quitclaim deed is both signed before two witnesses and acknowledged before a notary. Without the notary acknowledgment the clerk will not record it.
You record it 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). Bring the signed, witnessed, and notarized deed, pay the recording fee and the documentary stamp tax, and the clerk enters it in the county's Official Records. Many Florida counties also accept electronic recording (Fla. Stat. Section 695.27).
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. Miami-Dade County uses a different rate. Even a gift deed reciting only nominal consideration owes a minimum tax of 70 cents.
No. Recording a Florida quitclaim deed with the Clerk of the Circuit Court (Fla. Stat. Section 28.222) transfers whatever ownership interest you hold, but it does not reach the lender's mortgage lien. If your name is on the note, you stay liable even after you quitclaim your interest away, and only the lender can release you, usually by refinancing or signing a formal release. The mortgage balance also counts as consideration when the clerk computes Florida's documentary stamp tax.
No. Florida's statutory quitclaim form uses the words 'remise, release, and quitclaim' (Fla. Stat. Section 689.025), which pass only the grantor's existing interest and give no warranty that title is clear or that any lien is gone. Florida is a notice state, so recording under Fla. Stat. Section 695.01 protects a good-faith purchaser without notice but proves nothing about liens. A title search and title insurance, not a quitclaim, are what verify what you are actually getting.