Quit Claim Deed in Florida: When to Use It and What It Does
A quit claim deed (sometimes "quitclaim deed") transfers whatever ownership interest the grantor has in a property to the grantee — with no warranty that the title is clear or that the grantor even owns what they're transferring. It's a fast and simple deed form used in specific Florida real estate situations, but it's not appropriate for standard home sales.
When Quit Claim Deeds Are Used in Florida
Quit claim deeds in Florida are most appropriate for: (1) Transfers between family members (adding or removing a spouse, transferring to children, estate planning); (2) Correcting a title defect — fixing a name error or adding a missing signature; (3) Removing a deceased owner from title; (4) Transferring property into or out of a trust; (5) Adding a co-owner; (6) Divorce property settlements. They are NOT appropriate for arm's-length sales because they provide no assurance that title is clear — lenders won't finance a property transferred only by quit claim deed.
Quit Claim Deed vs. Warranty Deed in Florida
A General Warranty Deed is the standard for Florida home sales — the seller warrants that title is clear of all encumbrances and will defend against any future title claims. A Special Warranty Deed warrants only against defects arising during the seller's ownership. A Quit Claim Deed makes no warranty at all — you're conveying whatever you have, if anything. Title insurance companies require a warranty deed (general or special) to issue an owner's title insurance policy on a purchase. Without title insurance, a buyer of a quit-claim-only property has no protection against prior defects.
Recording and Tax Implications in Florida
Florida quit claim deeds must be: signed before a notary, witnessed by two witnesses, and recorded with the county clerk. Documentary stamp tax ($0.70 per $100 of value) applies to quit claim deeds unless the transfer is exempt — family transfers for nominal consideration and transfers to/from trusts are often exempt. Consult a Florida real estate attorney before executing a quit claim deed to ensure proper execution and tax treatment. Incorrect preparation can create title defects that are expensive to cure.
Common Questions
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