Free Florida Quitclaim Deed Form

A Florida quitclaim deed is a legal document that transfers whatever interest a person holds in real property located in Florida to someone else, with no warranties of title. The person giving up the interest is the grantor, and the person receiving it is the grantee. Florida even prescribes a statutory form for it: section 689.025 of the Florida Statutes, titled "Form of quitclaim deed prescribed," sets out the operative words in which the grantor "remises, releases, and quitclaims" all right, title, and interest in the described land to the grantee.

The defining feature is what the deed leaves out. Unlike a Florida warranty deed, a quitclaim makes no promise that the grantor actually owns the property, that the title is clear, or that there are no liens or claims against it. The grantee simply steps into whatever position the grantor held, which could be full ownership, a partial interest, or nothing at all. If a defect later surfaces, the grantee generally has no recourse against the grantor.

Because of that limited protection, Florida quitclaim deeds are best used between people who already know and trust one another, such as family members, divorcing spouses, or co-owners rearranging title, and not for an arm's-length sale to a stranger who is paying market value and will expect a warranty deed and title insurance.

Quitclaim deeds are most useful in non-sale transfers between parties who trust each other. Common Florida situations include transferring a home between family members, releasing a spouse's interest as part of a divorce, adding or removing a spouse or co-owner from title, moving property into a living trust or an LLC, and correcting a clerical error on a prior deed such as a misspelled name or a flawed legal description.

Two Florida-specific cautions matter here. First, if the property is the couple's homestead, a married owner cannot convey it without the other spouse joining in the deed, even if that spouse is not on the title (see the legal requirements below). Second, transferring ownership does not remove anyone from the mortgage. If you signed the loan, the lender can still hold you liable after you sign a quitclaim, until the loan is refinanced or formally assumed. Quitclaim deeds are generally not appropriate for selling to a buyer at market value, who should instead receive a warranty deed.

Florida has stricter execution rules than many states, and getting them wrong is the most common reason a deed is challenged or rejected. A deed conveying an interest in Florida real estate must meet the following requirements.

Once signed, witnessed, and notarized, the deed is recorded with the Clerk of the Circuit Court (styled the Clerk of the Circuit Court and Comptroller in some counties), who acts as county recorder under Florida Statutes section 28.222, in the county where the property is located. Recording is what gives public notice of the transfer and protects the grantee's priority against later claims.

Recording a Florida deed triggers documentary stamp tax, often called "doc stamps." Under Florida Statutes section 201.02, the tax is 70 cents per $100 of the total consideration (or any part of $100), in every county except Miami-Dade. In Miami-Dade, the rate is 60 cents per $100 on a single-family residence, plus a 45-cent-per-$100 surtax on any non-single-family property. The Florida Department of Revenue treats quitclaim deeds as taxable transfers.

A frequent and costly surprise: "consideration" for doc-stamp purposes includes any mortgage or lien on the property, not just cash paid. So a quitclaim that looks like a gift is not automatically tax-free. According to the Department of Revenue, when mortgaged property is transferred between spouses, tax is generally due on half of the outstanding mortgage balance, though tax is generally not due if the property is unmortgaged or if the marital home is transferred as part of a divorce. Recording fees are charged per page in addition to the tax. Confirm current fees and any exemption with your county clerk before filing.

For a Florida quitclaim deed to be valid and recordable, it must satisfy several statutory rules. Because these requirements are technical and county practices vary, confirm the details with the county clerk or a Florida real estate attorney before you sign or record.

Execution. In writing, signed by the grantor in front of two subscribing witnesses (Fla. Stat. section 689.01), and acknowledged before a notary to be recordable (Fla. Stat. section 695.03).

Form and description. Florida prescribes a statutory quitclaim form in Florida Statutes section 689.025, using the operative words "remise, release, and quitclaim," and the deed must include the full legal description of the property.

Homestead spousal joinder. This is the single most important Florida-specific rule. Under Article X, section 4(c) of the Florida Constitution, the owner of homestead real estate, if married, may convey it by sale, gift, or mortgage only if the spouse joins in the deed. A married owner cannot validly quitclaim the homestead alone, even when the spouse's name is not on the title. A deed missing the required spousal joinder is a title defect that can later be challenged, and title insurers will not insure it.

Recording and formatting. Record with the Clerk of the Circuit Court in the county where the land sits (Fla. Stat. section 28.222), following the formatting rules in Florida Statutes section 695.26, and pay documentary stamp tax under Florida Statutes section 201.02. This guide is general information, not legal advice.

The difference between the two Florida deeds is the level of protection the grantee receives. A Florida warranty deed conveys the property and adds covenants of title: the grantor guarantees good, marketable title and agrees to defend the grantee against claims (a full statutory warranty deed under Florida Statutes section 689.02 warrants title back through the entire chain, while a special or limited warranty deed warrants only against claims arising during the grantor's own ownership). A quitclaim deed under section 689.025 conveys only whatever interest the grantor happens to own at that moment, which may be nothing, and includes no warranties of any kind.

Both deeds are equally effective at transferring whatever the grantor actually owns; they differ entirely in protection. For that reason, a buyer paying fair market value in an arm's-length purchase should insist on a warranty deed and an owner's title insurance policy, while a quitclaim is appropriate for family transfers, divorce, adding or removing a co-owner, or clearing a cloud on title. A grantee taking by quitclaim generally cannot claim the bona-fide-purchaser protection that a warranty-deed grantee can.