Deed Guides
Warranty Deed vs. Quitclaim Deed in Florida
Direct answer
Use a warranty deed for a normal Florida purchase. It includes promises that the grantor owns the property and that the title is free of undisclosed defects. Use a quitclaim deed, often searched as a quick claim deed, for family, divorce, trust, and name updates. A quitclaim transfers only whatever interest the grantor has and makes no title promises.
Key takeaways
- A warranty deed is the standard deed in an arm's-length Florida sale.
- A quitclaim deed transfers interest only. It does not clean the title or remove a mortgage.
- A special warranty deed limits promises to the time the current owner held title.
- Homestead rules can require a spouse to join either type of deed.
- Title insurance is still the protection that lasts after the deed is recorded.
What is the difference in one sentence?
A warranty deed says 'I own this, and I will stand behind the title.' A quitclaim deed says 'I transfer whatever I have, if I have anything.' That is why our quitclaim guide keeps repeating that a quitclaim is not a shortcut sale.
How do the Florida deed types compare?
Most buyers see one of three deeds. The names sound similar. The promises are not.
| Warranty deed | Special warranty deed | Quitclaim deed | |
|---|---|---|---|
| Title promises | Full warranties from the grantor | Promises limited to the grantor's ownership period | None |
| Best for | Ordinary purchases and sales | Some builder, bank, or investor transfers | Family, divorce, trust, and name updates |
| Protects the grantee from | Covered defects, including many that predate the grantor | Defects arising while the grantor owned the property | Nothing beyond whatever interest was actually owned |
| Title insurance | Typically issued at closing | Typically issued at closing | Still recommended after the transfer |
| Removes a mortgage | No | No | No |
When should you use a warranty deed?
Use it when money is changing hands like a regular sale, including For Sale By Owner deals. The buyer should also get a title search and owner's policy. The deed's promises and the insurance policy work together. The deed is a claim against the seller. The policy is a claim against the underwriter.
If you are the buyer, do not accept a quitclaim just because the seller wants a faster signing. A clean warranty deed plus title insurance is the normal Florida purchase package.
When is a quitclaim deed the right tool?
Use a quitclaim when the parties already have a relationship and the goal is to change who is on title, not to sell the house to a stranger. Common examples are adding a spouse, removing an ex-spouse after a judgment, moving a homestead into a revocable trust, or updating a name.
Time to Close Title prepares and records these as quitclaim deeds, including the 'quick claim' search term people actually type. We still recommend a search when the new owner will rely on that title later.
What about a special warranty deed?
A special warranty deed is common when a bank, builder, or investor does not want to warrant the entire history of the property. The grantor promises only that they did not create a problem while they owned it. Buyers should still purchase owner's title insurance. The limited deed is a reason for coverage, not a reason to skip it.
Does the deed type change how it is recorded?
No. Florida still expects a correct legal description, the grantor's signature, two witnesses, a notary, homestead joinder when required, documentary stamp tax, and recording in the county where the land sits. Hernando County closings record in Brooksville. A Miami-Dade deed records in Miami-Dade.
If you are unsure which deed you need, contact Time to Close Title. Tell us whether this is a sale, a gift, a divorce, or a trust. We will draft the right instrument and explain title insurance cost if a policy should be issued with it.
Frequently asked questions
Is a quick claim deed different from a quitclaim deed?
No. Quick claim is the common search spelling. The legal document is a quitclaim deed.
Which deed do most Florida home sales use?
A warranty deed, sometimes called a general warranty deed, along with a title search and title insurance.
Can I buy a house with only a quitclaim deed?
You can be talked into it. You should not. You receive no title promises, and any hidden lien can become your problem.
Does either deed pay off the mortgage?
No. The loan stays with the people who signed the note until the lender is paid or releases them.
Do I still need title insurance with a warranty deed?
Yes. A warranty is only as useful as the grantor's ability to stand behind it. The policy is what defends the title years later.
Can Time to Close Title prepare either deed?
Yes. We prepare warranty deeds in purchase closings and quitclaim deeds for family, trust, and ownership updates across Florida.