Deed Guides
Everything You Need to Know About Quitclaim Deeds in Florida
Direct answer
A Florida quitclaim deed, often searched as a quick claim deed, transfers whatever ownership interest the current owner has to another person. It does not guarantee clear title, does not remove a mortgage, and should usually be paired with a title search and, when appropriate, owner's title insurance.
Key takeaways
- Quick claim deed is the common search term. The legal document is a quitclaim deed.
- A quitclaim transfers only the grantor's current interest, with no warranty of title.
- Florida deeds generally need the grantor's signature, two witnesses, and a notary, then recording.
- Documentary stamp tax may still be due, including when a mortgage remains on the property.
- A quitclaim does not take anyone off a loan. The lender can still require payment from the original borrower.
What is a quitclaim deed, and is a quick claim deed the same thing?
Yes. People type quick claim deed, quit claim deed, and quitclaim deed. In Florida, the legal instrument is a quitclaim deed. It is a deed in which the grantor conveys whatever interest they have in the property, if any, without promising that they own it free and clear.
That is different from a warranty deed used in most home sales. A warranty deed includes promises about the title. A quitclaim deed does not. Time to Close Title prepares both as part of our quitclaim deed services and full closing services.
When should you use a quitclaim deed in Florida?
Quitclaim deeds are common when the parties already know each other and the transfer is not a traditional arm's-length sale. They are not a shortcut for buying a house from a stranger without title work.
- Adding a spouse after marriage or removing a spouse after divorce
- Moving a home into or out of a revocable living trust
- Gifting property to a child or other family member
- Correcting or updating a name on the recorded title
- Transferring an interest between related people or entities
When should you not use a quitclaim deed?
If money is changing hands like a regular sale, use a purchase contract and a warranty deed, then complete a title search and title insurance. Read what title insurance covers in Florida before you decide to skip coverage.
How does a quitclaim deed compare with a warranty deed?
The deed type decides how much protection the new owner receives. Choose the deed that matches the transaction, not the one that looks fastest.
| Quitclaim deed | Warranty deed | |
|---|---|---|
| What it transfers | Whatever interest the grantor has, if any | The grantor's ownership, with title promises |
| Title warranty | None | Yes, against covered title defects |
| Best for | Family, divorce, trust, and name updates | Most purchases and sales |
| Title insurance | Still recommended after the transfer | Typically issued at closing |
| Mortgage effect | Does not remove loan liability | Does not remove loan liability unless the lender releases it |
What does Florida require to make a quitclaim deed valid?
A Florida quitclaim deed should identify the grantor, the grantee, and the legal description of the property. The grantor must sign it. In almost every case the signature must be acknowledged before a notary and witnessed by two people. Using the street address alone is not enough for a clean recording.
Florida homestead rules also matter. If the property is homestead, a spouse often must join in the deed even when that spouse is not on the current title. Skipping that step can make the transfer ineffective.
Do you pay documentary stamp tax, and where is the deed recorded?
Recording the deed in the county Official Records is what puts the new owner in the public chain of title. Until it is recorded, later buyers, lenders, and title examiners may not see the transfer. How long a Florida closing takes depends on this same recording step.
Florida documentary stamp tax is often due on the consideration for the transfer. A gift is not automatically tax-free. If the property is subject to a mortgage, stamps may still be calculated on the unpaid loan balance. We prepare the tax calculation and recording package so the clerk can accept the deed.
What are the risks of a quitclaim deed?
The biggest risk is assuming the deed cleaned up the title. It did not. Liens, unpaid taxes, HOA assessments, judgments, and old mortgages can remain. The grantor can also convey nothing if they do not actually own an interest.
A quitclaim also does not refinance or assume a loan. The person who signed the note can still be responsible to the lender. If you need the loan changed, talk to the lender and use a proper refinance closing instead of a deed-only transfer.
How does Time to Close Title handle a quitclaim deed?
We confirm the current vesting, draft the deed with the correct legal description, arrange witnessing and notarization, calculate documentary stamps, and record the original. When the facts call for it, we also run a title search and quote an owner's policy.
If you are ready to start, open a file on our quitclaim deeds page or contact us in Spring Hill. We handle family transfers, trust deeds, and post-divorce updates throughout Florida.
Frequently asked questions
Is a quick claim deed legally the same as a quitclaim deed?
Yes. Quick claim is the everyday spelling. Florida records and title companies use quitclaim deed as the legal name.
Does a quitclaim deed give the new owner clear title?
No. It only transfers the grantor's current interest. A title search and owner's title insurance are what protect against hidden defects.
Does a quitclaim deed remove someone from the mortgage?
No. Removing a name from the deed does not remove that person from the loan unless the lender releases them, usually through a refinance or assumption.
How much does a Florida quitclaim deed cost?
Cost includes deed preparation, notary, recording fees, and any documentary stamp tax. Stamps depend on consideration and any remaining mortgage. Ask Time to Close Title for a written estimate.
Can I prepare a quitclaim deed myself?
Florida does not require an attorney for every deed, but errors in the legal description, homestead joinder, witnesses, or stamps can make the deed fail or create a new title problem. A title company review is the safer path.
Should I buy title insurance after a quitclaim transfer?
Usually yes, especially if you are receiving the property as a gift, through divorce, or into your own name. The prior owner's policy may not protect you the same way.