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What is a Florida Quit Claim Deed?
A Quit Claim Deed transfers any ownership interest a person has in real property without guaranteeing clear title. It is most commonly used to:
- Transfer property between family members
- Add or remove a spouse from a deed
- Move property into or out of a trust or LLC
- Correct the name on a deed
- Finalize property transfers after divorce
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When to Use a Quit Claim Deed in Florida
You can use a Quit Claim Deed if:
- The parties trust each other (e.g., family members or business partners)
- No title insurance or warranty of ownership is needed
- Youβre not transferring the property in a sale requiring guarantees
- The property is located in Florida
π Required Information to Prepare a Florida Quit Claim Deed
πΉ Grantor (Current Owner) Information
- Full legal name
- Mailing address
- Marital status (especially for homestead property)
πΉ Grantee (New Owner) Information
- Full legal name(s) of recipient(s)
- Relationship to grantor (optional)
- Mailing address
πΉ Property Information
- Property street address
- Full legal description (copied exactly from a prior deed)
- Parcel or tax ID number (optional, but helpful)
π Required Documents
- Quit Claim Deed form (Florida-compliant format)
- Copy of the current deed or title (to verify legal description)
- Self-addressed stamped envelope (if mailing for recording)
ποΈ Signing and Execution Requirements
- Grantor(s) must sign the deed in front of:
- Two witnesses, and
- A notary public
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- Grantee does not need to sign
- No electronic signatures (wet ink only for recording)
ποΈ Recording the Deed
- Deliver or mail the signed, notarized deed to the Clerk of Court / County Recorder in the county where the property is located
- Pay the recording fee (usually $10 for first page + $8β$10 per extra page)
- Include a return envelope for a copy of the recorded deed
Note: Some counties allow eRecording through approved vendors.
π΅ Other Possible Costs
- Documentary stamp tax: $0.70 per $100 of consideration (may be required, even if $0 value)
- Recording fee: ~$10β$20 depending on page count
- Notary fee: ~$10 per signature (if not using a bank or included service)
β οΈ Important Considerations
- A Quit Claim Deed does not guarantee that the grantor has a clear or valid title
- Often not accepted for title insurance or real estate sales
- Still subject to Florida homestead laws (spouse may need to sign even if not on title)
- For transfers involving divorce, trusts, or estates, attorney guidance is strongly recommended
- May trigger documentary stamp tax, even if no money changes hands
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Checklist Summary
β Full legal names of grantor(s) and grantee(s)
β Propertyβs full legal description from prior deed
β Florida Quit Claim Deed form properly filled out
β Signed by grantor in front of two witnesses and a notary
β Recorded at the county Clerk of Court
β Confirm any taxes due (documentary stamp tax)
β Obtain certified copy of recorded deed
β Propertyβs full legal description from prior deed
β Florida Quit Claim Deed form properly filled out
β Signed by grantor in front of two witnesses and a notary
β Recorded at the county Clerk of Court
β Confirm any taxes due (documentary stamp tax)
β Obtain certified copy of recorded deed