Quitclaim Deed Florida: Everything You Need to Know Before Filing

If you're considering using a quitclaim deed in Florida, it’s essential to understand what it does and what it doesn’t. Unlike a warranty deed, a quitclaim deed doesn’t guarantee ownership. It simply transfers whatever interest the current owner (the grantor) has in the property to someone else (the grantee). That makes it useful in low-risk situations, like transferring a house to a family member, but risky in others.

If you're thinking about using a quitclaim deed in Florida, it's worth understanding how they work, what the risks are, and when they make the most sense.

Use the links below to skip to the section that applies to you:

• What Is a Quitclaim Deed in Florida?
• How Quitclaim Deeds Work in Florida
• When to Use a Quitclaim Deed in Florida
• How to File a Quitclaim Deed in Florida
• Florida Quitclaim Deed Requirements
• Quitclaim Deed Florida Costs
• Quitclaim Deed vs. Warranty Deed in Florida
• Legal and Tax Implications in Florida
• FAQ: Quitclaim Deeds in Florida
• Should You Use a Quitclaim Deed in Florida?

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What Is a Quitclaim Deed in Florida?

In Florida, a quitclaim deed is a simple way to transfer whatever interest someone has in a property, without promising that the title is clear or free of issues. Since it doesn’t offer any guarantees, it’s usually used when the people involved already trust each other. You’ll often see a Florida quitclaim deed used between family members, after a divorce, or when someone moves a property into a trust or LLC for estate or business planning.

Unlike warranty deeds, which guarantee a clean and marketable title, a Florida quitclaim deed simply conveys the grantor’s interest (if any exists) at the time of transfer. This makes it a convenient tool in low-risk situations, but it’s not ideal when the buyer needs title protection, such as in a traditional home sale. According to Florida Statute § 689.01, quitclaim deeds must be properly signed and notarized to be valid, and they must follow specific formatting guidelines to be recorded with the county.

Understanding what a quitclaim deed in Florida really does can help you avoid major mistakes. These documents are often misunderstood as ownership guarantees when, in reality, they provide no such assurance. Keep reading to see what’s included in a typical quitclaim deed Florida form and why it matters.

How Quitclaim Deeds Work in Florida

In Florida, quitclaim deeds are all about simplicity, but that doesn’t mean you can skip the fine print. These deeds are commonly used when there’s trust between parties, like transferring property to a family member or moving it into an LLC or living trust. Just make sure you follow the rules. Florida quitclaim deed requirements are laid out in Chapter 695 of the Florida Statutes, which covers how real estate documents must be properly recorded.

Unlike a general or special warranty deed, a Florida quitclaim deed does not include any promises about the property’s title. The grantor is simply giving up whatever interest they may have, without guarantees. This makes it critical to understand how quitclaim deeds work in Florida before using one.

To be valid and recordable, the quitclaim deed must be:

• Signed by the grantor in the presence of two witnesses
• Notarized by a licensed Florida notary public
• Recorded with the county clerk or recorder in the county where the property is located

One thing to know about a quitclaim deed in Florida: you’re taking the property “as is.” Florida law makes it clear that there are no implied warranties with these deeds. That means whoever receives the property accepts it without any promises about clear ownership or clean title. This becomes especially important when you're dealing with inherited property or something that's jointly owned.

When to Use a Quitclaim Deed in Florida

If you’re thinking about using a quitclaim deed in Florida, timing and context matter. These deeds are best used in low-risk situations where there’s already trust, like adding a spouse to the title or clearing up a small title issue. They’re fast and straightforward, but not a fit for every deal. Below are a few Florida quitclaim examples where this approach could make sense:

• Transferring property to a family member
• Adding or removing a spouse after marriage or divorce (quitclaim deed divorce Florida)
• Fixing a title issue (e.g., spelling error or missing name)
• Moving property into a Florida trust or LLC
• Transferring between co-owners or business partners

How to File a Quitclaim Deed in Florida

If you're planning to use a quitclaim deed in Florida, the process is pretty simple—but only if you do it right. Forget a witness, skip a notary, or file the wrong version of the Florida quitclaim deed form, and you could end up back at square one. To save you the headache, here’s how to file a quitclaim deed in Florida step by step:

1. Download the correct Florida quitclaim deed form. Use a Florida-specific template, not a generic one. Each county accepts slightly different formats.
2. Complete the form accurately. Fill in the full legal names of the grantor and grantee, the complete legal property description, and the parcel ID.
3. Sign the deed in front of two witnesses and a Florida notary. The grantor must sign in the presence of two adult witnesses and a licensed notary public.
4. Submit the signed deed to the county clerk's office. You must record the deed in the same Florida county where the property is located.
5. Pay the recording fees and documentary stamp tax. Florida charges $0.70 per $100 of the deed’s consideration amount—or $0.60 in Miami-Dade (residential only).
6. Request a certified copy for your records. Once the deed is recorded, ask for a stamped copy to prove the transaction has been finalized.

Florida Quitclaim Deed Requirements

Quitclaim deeds in Florida must meet several legal requirements to be accepted for recording and considered valid. According to Florida deed laws, your document must include a full legal property description, the correct parcel identification number, and the full legal names of both the grantor and grantee. All signatures must be witnessed by two adults and notarized by a Florida notary public.

Once the form is properly completed and signed, it must be filed with the clerk of the court in the Florida county where the property is located. Don’t forget: Florida imposes a Documentary Stamp Tax under §201.02, F.S., which must be paid at the time of recording, or your quitclaim deed could be rejected.

Quitclaim Deed Florida Costs

Filing a quitclaim deed in Florida comes with a few costs—some small, others significant, depending on the value of the property. Here’s a breakdown of what you might expect to pay when transferring real estate using a Florida quitclaim deed form:

• Form preparation: $0 if you DIY using a free Florida quitclaim deed PDF, or up to $300 if you hire an attorney.
• Recording fee: Typically around $10 to $20, depending on the Florida county where you file.
• Florida Documentary Stamp Tax: $0.70 per $100 of the sale or transfer amount (minimum tax is $0.70).

Example: For a property valued at $100,000, your Florida documentary stamp tax would be about $700.

Whether you're using a quitclaim deed Florida PDF or working with a lawyer, be sure to budget for both the quitclaim fee Florida and any applicable transfer taxes.

Quitclaim Deed vs. Warranty Deed in Florida

In Florida real estate law, not all deeds offer the same protections, and understanding the difference can protect your property rights. A Florida quitclaim deed simply transfers whatever interest the grantor has, without title guarantees. Meanwhile, a warranty deed—whether a general warranty deed or special warranty deed—includes legally binding assurances that the title is valid and free from undisclosed claims.

This difference makes quitclaim deeds better for transactions involving trust (such as family transfers), while warranty deeds are standard in traditional home sales where buyers need protection against title defects.

Real-World Examples:

• Quitclaim: Transferring your Florida home to a sibling after probate closes
• Warranty: Selling your house through a Realtor to an unrelated buyer

Legal and Tax Implications in Florida

A Florida quitclaim deed might look like a simple way to hand off property, but it can come with big legal and tax consequences. Before you file anything, make sure you understand how Florida treats gifted real estate, unpaid mortgages, and any liens that could tag along with the deed.

Gift Tax

When you transfer property with a Florida quitclaim deed and don’t get paid for it, like giving it to a family member, the IRS may see that as a gift. In 2024, anything over $18,000 means you’ll need to file a gift tax return (Form 709), though most folks won’t owe any tax thanks to lifetime exemptions.

Capital Gains

With a Florida quitclaim deed, the person receiving the property (the grantee) takes on the original owner’s cost basis, not what the property’s worth today. So if they sell later, capital gains tax is based on the original purchase price, not the value at the time of transfer.

Mortgage Liability

Just because you sign a quitclaim deed in Florida doesn’t mean you’re off the hook for the mortgage. The lender still holds you responsible unless they officially release you, so even after handing over ownership, the debt could still be yours.

Unpaid Liens

Since quitclaim deeds in Florida don’t include any title guarantees, any existing liens—like overdue property taxes, HOA fees, or contractor bills—stick with the property. That means the new owner could unknowingly inherit those debts.

Florida Homestead Laws

Florida’s homestead laws are some of the strongest in the country, and they can complicate quitclaim deed transfers. If the property is your primary residence, spousal rights and creditor protections under Florida law might block or undo the transfer unless you’ve followed the proper legal steps.

Common Legal & Tax Questions About Florida Quitclaim Deeds

• Do I have to pay taxes if I gift a house in Florida? Possibly. You may need to file a federal gift tax return if the value exceeds the annual exemption.
• Can a quitclaim deed remove me from a mortgage? No. Only the lender can release you through a refinance or official release of liability.
• What happens if there are liens on the property? They transfer with the property unless cleared beforehand—quitclaim deeds offer no protection.
• Do Florida homestead laws affect quitclaim deeds? Yes. You may need spousal consent, and homestead protections may limit the transfer’s effectiveness.

FAQ: Quitclaim Deeds in Florida

Still have questions about how quitclaim deeds work in the Sunshine State? Here are some of the most common questions we get about using a quitclaim deed in Florida—and what you need to know before moving forward.

Is a quitclaim deed legal in Florida?

Yes, a quitclaim deed is legal in Florida and widely used for transferring property between trusted parties. It’s recognized under Florida law as a valid method of transferring interest in real estate, but it doesn’t provide any warranty or guarantee of title.

Can I use a quitclaim deed to transfer a house to my child?

Absolutely. A quitclaim deed in Florida is often used by parents who want to transfer property to their children without a traditional sale. Just make sure the deed includes the full legal description, and it must be properly notarized and recorded in the appropriate county.

Do I have to pay taxes on a Florida quitclaim deed?

In many cases, yes. While there’s no income tax on the transfer itself, Florida charges a documentary stamp tax based on the consideration value, even for family transfers. Additionally, the IRS may require a gift tax return if you transfer the property without receiving payment.

What’s the difference between a quitclaim and warranty deed in Florida?

The main difference is in the protection they offer. A Florida quitclaim deed transfers whatever ownership interest the grantor has, with no promises about title quality. A warranty deed guarantees that the title is clear and that the seller has the right to transfer it, which is why warranty deeds are used in most traditional sales.

Can a quitclaim deed be challenged in court?

Yes. If someone claims the deed was signed under duress, fraud, or without proper notarization or witness signatures, a Florida court can invalidate it. That’s why it’s important to follow all quitclaim deed notarization Florida requirements and keep proper records.

Do you need a lawyer for a quitclaim deed in Florida?

Technically, no, but it’s highly recommended. Florida quitclaim deeds are simple in structure, but legal mistakes can lead to costly issues later. A real estate attorney can help ensure your deed is compliant with Florida deed transfer laws and properly recorded.

Should You Use a Quitclaim Deed in Florida?

Quitclaim deeds in Florida are a fast, low-cost way to transfer property interest, but they come with zero guarantees. That means no promises about clear title, no protection from liens, and no release from mortgage obligations. They’re best used when both parties trust each other, like in family transfers, divorce situations, or correcting title errors.

If you're buying or selling property in a traditional transaction, a quitclaim deed probably isn't the right tool. Warranty deeds provide far more protection and are typically required by lenders and title companies.

Before using a quitclaim deed in Florida, always consult with a qualified real estate attorney. Understanding your Florida deed options—and the potential risks of using a quitclaim deed—can save you serious legal headaches down the road.

If you’re serious about doing your first real estate deal, don’t waste time guessing what works. Our FREE Training walks you through how to consistently find deals, flip houses, and build passive income—without expensive marketing or trial and error.

This FREE Training gives you the same system our students use to start fast and scale smart. Watch it today—so you can stop wondering and start closing.

*Disclosure: Real Estate Skills is not a law firm, and the information contained here does not constitute legal advice. You should consult with an attorney before making any legal conclusions. The information presented here is educational in nature. All investments involve risks, and the past performance of an investment, industry, sector, and/or market does not guarantee future returns or results. Investors are responsible for any investment decision they make. Such decisions should be based on an evaluation of their financial situation, investment objectives, risk tolerance, and liquidity needs.