The Florida quitclaim deed is a legal document used for property transfers. The parties to this document are the grantor, who transfers the property, and the grantee, who becomes the new owner of the property.
The quitclaim deed is a type of deed that transfers ownership of the property without any guarantees for the new owner. By signing the quitclaim deed, the grantor simply confirms that they transfer all of their interests in the property to the new owner without giving guarantees that there are no other claims against the property.
The quitclaim deed is also known as the deed without warranty or the no warranty deed.
Quitclaim Deed Important Laws & Requirements in Florida
Laws & Requirements
Statute: § 695.01(2)
Formatting: The name and mailing address of each party executing the deed should be printed on the document. (§ 695.26)
Signing Requirements: Grantor’s signature must be acknowledged by at least two witnesses and a notary public. (§ 695.26)
Recording: The quitclaim deed must be recorded by the County Recording Office, according to the location of the property.
Recording fees: $10 for the first page and $8.50 for each additional page. (§ 28.24(13) (a),(d),(e))
When to Use a Quitclaim Deed in Florida
The quitclaim deed is a relatively faster and less formal way of transferring property compared to other types of quitclaim forms. However, it doesn’t provide any warranties for the transferred property. These features make it suitable for certain types of actions.
#1. Title Modifications
The grantor can use the general quitclaim form to change the information in the property title. They can do so to fix the errors that occurred in the title or to update the information in the title.
#2. Property Transfer
The general quitclaim form is mostly used for property transfers due to the simplicity of its form. However, considering the lack of warranties for the buyer, it is not recommended for sales transfers. In practice, people mostly use it to transfer property to family members or between trusted parties.
#3. Living Trust Transfer
The grantor can use this type of deed to transfer the property to their living trust. This kind of action doesn’t require any warranties, and it is, therefore, perfect for the transfer using the quitclaim deed.
How to Create a Quitclaim Deed in Florida
#1. Fill Out The Form
Firstly, fill out the information about the grantor and grantee (name, mailing address, ID number, and marital status).
For the legal entities, you should enter their registered name, mailing address, status, and registration number.
The form should not include the words “granted, bargained, and sold” or any other wording that implies that the grantor is responsible for any flaws in the title.
#2. Add the “Note Consideration”
This section provides information on what the grantee owes to the grantor for transferring the property. The property can be transferred with or without consideration (as a gift).
The consideration can be presented as:
Forms of Consideration
Discharge of debt
Providing certain services
Any other value
#3. Write the Legal Description
This is a written description of the property that helps the parties differentiate it from other properties. The best way to get the legal description of the property is to look at the title or previous deed. It usually includes the lot and block number, or it can be presented by defining the boundaries of the property.
#4. Sign & Get it Notarized
The grantor should sign the Florida quitclaim deed before two witnesses and a notary public.
#5. File the Quitclaim Deed
Finally, the quitclaim deed should be submitted to the relevant body authorized to register such documents.
Where to File a Quitclaim Deed in Florida
According to the property's location, the County Recording Office in Florida must record the quitclaim deed.