How do I file a quitclaim deed in Florida?
1. Quitclaim vs Warranty Deed
Florida quitclaims convey whatever interest the grantor holds with no warranties; a general warranty deed (§ 689.02) warrants seisin, good title, and quiet enjoyment.
2. Common Uses
Interspousal transfers, divorce, adding or removing a co-owner, gifting to children, funding a revocable trust, clearing a probate or judgment cloud.
3. Execution Formalities
Florida is one of the strictest states. Fla. Stat. § 689.01 requires the deed be signed by the grantor in the presence of TWO subscribing witnesses, plus notarial acknowledgment for recording (§ 695.03). The notary can serve as one of the two witnesses if they also sign in the witness blocks.
4. Required Contents
Grantor and grantee names with mailing addresses, full legal description (subdivision lot/block or metes and bounds), parcel ID (best practice), words of conveyance ("does hereby remise, release, and quitclaim"), and consideration.
5. Recording
Record at the county Clerk of the Circuit Court (Fla. Stat. § 695.26 sets formal requirements: 3-inch top margin on first page, names typed/printed beneath signatures, prepared-by block). Recording fee is $10 first page + $8.50 each additional page.
6. Transfer Tax
Documentary stamp tax of $0.70 per $100 of consideration (Fla. Stat. § 201.02); in Miami-Dade it's $0.60 per $100 plus a surtax on non-single-family. Transfers between spouses of a homestead with no mortgage are tax-free; mortgaged transfers to a spouse trigger doc stamps on the assumed debt.
7. Title Insurance Limits
Florida underwriters typically won't insure a recent quitclaim without additional title work.
8. Pitfalls
Quitclaim does NOT release mortgage liability; due-on-sale may be triggered (Garn-St. Germain 12 U.S.C. § 1701j-3 protects certain family transfers).
9. Special Local Rules
Homestead under Art. X § 4 of the Florida Constitution: a married owner cannot convey homestead without the non-owning spouse joining the deed.
This is legal information, not legal advice.
- Homestead transfer where a spouse must join
- Mortgaged property where doc stamps and due-on-sale apply
- Probate or divorce involving Florida real estate
- Fla. Stat. § 689.01
- Fla. Stat. § 695.26
- Fla. Stat. § 201.02
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.