What A Quitclaim Deed Actually Does
A quitclaim deed releases, in one sentence, whatever right, title, and interest the grantor has in a parcel. It says nothing about whether that interest is complete, whether anyone else owns a piece of it, or whether a lender or a lienholder has a claim against it. Think of it as handing over whatever is in your pocket without promising that anything is there.
That is fine when the parties already trust each other and the records are clean. It is a real problem when nobody has looked at the records, which is the situation most family transfers arrive in.
What Florida Requires For A Valid Quitclaim Deed
Florida is strict about the shape of a deed. A document that fails these points can still be a good deed between two people, but the clerk will turn it away at the counter, and a title searcher will flag it years later.
In Writing, Signed In Front Of Two Witnesses
Florida requires a written instrument signed by the grantor in the presence of two subscribing witnesses. That witness requirement applies to the deed itself, not just to a notarization.
Fla. Stat. 689.01Substantially The Statutory Quitclaim Form
Florida prescribes a quitclaim form using language such as remise, release, and quitclaim. A deed does not have to match word for word, but it must follow the form in substance.
Fla. Stat. 689.025A Legible Legal Description
The deed must describe the land by legal description, legibly printed or typed on the document. A street address is not a legal description and cannot substitute for one.
Fla. Stat. 689.025A Blank Space For The Parcel ID
The deed should leave a space for the property appraiser's parcel identification number. Missing it does not void the deed, but clerks and title searchers will have a harder time matching the document to the land.
Fla. Stat. 689.025Printed Names, Addresses, And Clerk Space
Every signature needs a printed name and mailing address beneath it, including the grantor, the witnesses, the preparer, and the notary. The first page must reserve a three by three inch space at the top right for the clerk.
Fla. Stat. 695.26Acknowledged Before It Can Be Recorded
To be entitled to recording, the deed must be acknowledged by the person signing it or proved by a subscribing witness. In practice that means a notary, and it is separate from the two witness requirement.
Fla. Stat. 695.03Recording Is The Step That Protects You
Florida law is blunt on this point: a conveyance is not good against creditors or a later buyer for value without notice unless it is recorded. A signed deed sitting in a desk drawer transfers almost nothing that a stranger is obliged to respect.
Record with the clerk of the circuit court in the county where the land is located, not where the parties live. For Volusia County property that means the Volusia County clerk's records in DeLand. Once the deed is recorded, the public record shows the new owner, and the clerk's daily schedule of recorded deeds also notifies the property appraiser's office.
Fla. Stat. 695.01What It Costs In Florida
70 cents on each $100 of consideration in every county except Miami-Dade. A gift of unencumbered property is generally not taxable, but a deed that recites a token amount usually triggers the minimum tax.
Set by the county clerk and charged for the first page and each additional page. Modest, and small next to a tax certificate.
The fee that pays for itself. A search shows what the grantor really holds and what liens will follow the property into the new owner's hands.
Florida premiums are set by the state and calculated from the value of the property. The rate is the same at every title company, so the difference between quotes is service and fees, not the premium.
When A Quitclaim Deed Is The Right Tool
- A parent adding or transferring a home to an adult child
- Removing an ex-spouse from title after a divorce
- Adding a spouse or a new partner to an existing deed
- An heir releasing an interest in a family property
- Moving a property into or out of a trust or a family LLC
- Correcting how title was taken years ago
- Clearing a stray interest so a future sale can close
In each of these cases the parties already know each other and the transfer is not being sold to a stranger. That is the pattern where a quitclaim makes sense. A sale to someone you do not know should normally involve a warranty deed and a full closing.
The Risks People Miss
Most problems with a quitclaim deed are not with the deed. They are with what the deed quietly left alone.
You Only Get What The Grantor Actually Owns
A quitclaim deed releases whatever interest the grantor holds at the moment of signing. If the grantor's title is already broken, partially sold, or subject to a prior deed, the grantee receives the same broken title and nothing more.
Liens And Mortgages Stay Attached
A deed does not remove a mortgage, a judgment lien, a tax certificate, a mechanic's lien, or an HOA balance. Those encumbrances run with the land and survive the transfer.
The Loan Does Not Move With The House
Signing a deed does not transfer, assume, or pay off a mortgage. The grantor usually remains liable on the note, and a lender can treat an unapproved transfer as a reason to call the loan due under a due-on-sale clause. Call the lender before anyone signs.
Homestead And Tax Benefits Can Reset
A new owner must apply for the homestead exemption separately, and the filing window closes on March 1 of the year. A transfer can also end the Save Our Homes assessment cap and any portability the grantor had built up.
Insurance And Utilities Do Not Follow Automatically
A homeowner's policy does not cover a new owner just because a deed was recorded. Coverage, title, and billing all need to be reassigned in writing.
Benefit Programs And Tax Basis May Shift
A transfer for less than full value can affect eligibility for long-term care coverage, which reviews transfers made in the preceding five years. A gift also carries the grantor's original cost basis to the grantee in many cases. Talk to a tax professional before gifting a home.
Why A Search And A Policy Still Matter
A title search answers the one question a quitclaim deed cannot: what does the grantor actually hold, and what is attached to it? It turns up unpaid property tax certificates, old mortgages that were never released, judgments, mineral or timber reservations, and the occasional deed signed by someone who was never actually on title.
A policy issued on the transfer then protects the new owner against defects that existed before the deed was recorded. The order matters: a policy can only cover what it was asked to look at, so it should be ordered around the transfer rather than after a problem appears.
Swift Title is attorney-owned, so a lawyer reviews the file before a deed is prepared or a policy is issued. That is the difference between a form filled out and a transfer that will hold up.
Common Questions
How Do I File A Quitclaim Deed In Florida?
Prepare the deed with the correct parties, the statutory language, and the legal description. Have the grantor sign in front of two witnesses, then acknowledge the signature before a notary. Pay any documentary stamp tax and record the deed with the clerk of the circuit court in the county where the land sits. For property in DeLand, Deltona, or Orange City, that is the Volusia County clerk. Recording is the step most people skip, and it is the step that protects you.
Does An Unrecorded Deed Still Count?
It can be valid between the two people who signed it, but an unrecorded conveyance is not good against creditors or a later buyer who pays value and has no notice of it. If the grantor turns around and sells or mortgages the property, an unrecorded deed is a very weak position to defend. Record it.
How Long Is A Quitclaim Deed Good For?
A recorded deed does not expire. The concern is not the document's age but whether the title behind it was sound when it was signed. A deed recorded ten years ago can still surface a lien that was never paid or a prior deed that was never found.
How Much Does A Quitclaim Deed Cost In Florida?
Where there is real consideration, documentary stamp tax runs 70 cents on each $100 of that consideration, except in Miami-Dade County. A gift of unencumbered property is generally not taxable, while a deed that recites something like love and affection and one dollar usually triggers at least the minimum tax. Add the clerk's recording fees, which are charged per page, and any charge for preparing the deed or running a title search.
Should I Use A Quitclaim Deed Or A Warranty Deed?
A warranty deed comes with the grantor's promise that the title is good and that they will defend it. A quitclaim deed makes no promise at all and simply hands over whatever the grantor happens to hold. Family transfers often use a quitclaim because it is quick and inexpensive, but that convenience is exactly why the two documents should be checked against the records first.
Do I Need An Attorney For A Quitclaim Deed?
Florida does not require one. It is still wise when homestead property is involved, when a mortgage or lien is outstanding, when spouses are transferring between themselves, or when the transfer is being done for estate planning reasons. Those are the situations where a small drafting choice creates a large problem later.
Have The Deed Prepared And The Records Checked
Send us the property address and who is on title. We will run a search, tell you what is attached to the parcel, and prepare a deed that the clerk will accept the first time.
Related Reading
This guide is general information about Florida practice, not legal advice, and it does not create an attorney-client relationship. Swift Title is a title insurance agency, and the attorney who owns the company does not act as your lawyer through this page. Recording rules, tax treatment, and homestead consequences change and vary with your facts, so talk to a Florida attorney or a tax professional about your own transfer.