Quitclaim Deeds in Florida: What Buyers, Sellers, and Investors Need to Know

A quitclaim deed is one of the quickest and simplest ways to transfer property ownership in Florida. However, while it’s easy to execute, it also comes with risks that buyers, sellers, and investors should understand before proceeding.

Unlike a warranty deed, which guarantees clear title, a quitclaim deed simply transfers whatever interest the grantor (the person giving the property) has without making any promises about liens, ownership disputes, or title defects.

Because of this, quitclaim deeds are most commonly used for property transfers between family members, an individual and their company, or in other situations where trust already exists between the parties.

Here’s everything you need to know about quitclaim deeds in Florida, including how they work, when they should (and shouldn’t) be used, and how they compare to other types of property deeds.

What Is a Quitclaim Deed?

A quitclaim deed is a legal document used to transfer ownership interest in a property without any guarantees or warranties. This means that the person receiving the property (the grantee) is accepting it as-is, with no protection against claims, liens, or title issues.

Unlike other types of deeds, a quitclaim deed does not:

• Guarantee that the grantor actually owns the property
• Promise that the title is free of defects or liens
• Provide legal protection to the grantee

Common Uses of a Quitclaim Deed

Quitclaim deeds are best suited for low-risk transfers where the parties already have an established relationship or shared interest in the property. 

Here are some common scenarios where they are used:

• Transferring property between family members (e.g., parents gifting a home to their child)
• Transferring property into or out of a trust or business
• Correcting errors on an existing deed (e.g. fixing a misspelled name or incorrect property description)
• Clearing up potential title issues (e.g. removing a person’s name if they no longer have interest in the property)

However, quitclaim deeds are not suitable for traditional real estate transactions. If you’re buying property from a seller you don’t know, a warranty deed is the safer option.

How to Execute a Quitclaim Deed in Florida

Using a quitclaim deed is a fairly straightforward process, but there are legal requirements that must be followed to ensure that the transfer is valid.

Steps to Complete a Quitclaim Deed in Florida

1. Prepare the Deed

The deed must include the following, amongst other items:

• The full names of the grantor (current owner) and grantee (new owner)
• A legal description of the property (not just the address)
• What interest is being transferred
• The marital status and non-homestead or spousal joinder as needed

2. Sign in Front of a Notary & Witnesses

Next, you need to sign the deed:

• Florida law requires the grantor to sign the quitclaim deed in the presence of two witnesses and a notary public
• The grantee does not need to sign

3. File the Deed with the County Clerk

After signing the deed, you must file the deed with your local court:

• The quitclaim deed must be recorded with the Clerk of Court in the county where the property is located
• This makes the transfer part of the public record and protects against future disputes

4. Pay Any Required Fees

Lastly, you’ll need to pay the required fees to finalize the process:

• Recording fees are typically $10 for the first page and $8.50 for every page after
• Florida documentary stamp tax will apply

Quitclaim Deeds vs. Warranty Deeds: What’s the Difference?

One of the most important things to understand about quitclaim deeds is how they differ from warranty deeds, which are the standard for most real estate sales.

Feature	Quitclaim Deed	Warranty Deed
Guarantees Clear Title?	❌ No	✅ Yes
Protects Buyer from Liens?	❌ No	✅ Yes
Requires a Title Search?	❌ No	✅ Yes
Common Uses	Family transfers, trust or LLC transfers, correcting title issues	Traditional property sales, mortgage transactions

Bottom line: If you’re purchasing a home or investment property in a standard purchase and sale transaction, you should insist on a warranty deed instead of a quitclaim deed to ensure you receive a clear title with legal protection.

Risks of Using a Quitclaim Deed

While quitclaim deeds can be useful in certain situations, they come with significant risks, especially for buyers.

1. No Title Guarantee: If the property has unpaid taxes, liens, or ownership disputes, the grantee assumes all the risk, and there is no legal recourse against the grantor if issues arise later.
2. Potential for Fraud: Since quitclaim deeds don’t require proof of ownership, they can be used fraudulently to transfer property without the real owner’s consent.
3. May Not Be Accepted by Mortgage Lenders: Some lenders will not recognize a quitclaim deed as a valid property transfer.

When Should You Avoid a Quitclaim Deed?

You should avoid using a quitclaim deed if:

• You’re buying the property from a stranger: There are no title guarantees, so you could inherit hidden liens or legal issues.
• Money is being exchanged: Even if you agree with the seller to have title transferred via a quitclaim deed, make sure to conduct a title and lien search. Quitclaim deeds are risky for transactions that involve an exchange of funds.
• You’re not sure about the title status: Without a title search, you could be taking on unpaid debts or ownership disputes.

If you’re unsure whether a quitclaim deed is right for your situation, it’s always best to consult a real estate attorney or an attorney-owned and operated Florida title company.

How to Protect Yourself When Using a Quitclaim Deed

If you’re involved in a quitclaim deed transaction, consider taking these steps to minimize risk:

• Conduct a Title Search: Even though it’s not required, running a title search can help uncover liens or ownership disputes.
• Obtain Title Insurance: This provides financial protection if undisclosed title issues arise later.
• Consult a Florida Real Estate Attorney: A lawyer can review the deed and ensure it is executed correctly.

Final Thoughts

Quitclaim deeds offer a fast and simple way to transfer property in Florida, but they come with risks. While they work well for family transfers, trusts, and business restructuring, they should not be used for standard real estate transactions where the buyer needs protection.

Before using a quitclaim deed, make sure you understand the potential pitfalls and take steps to safeguard your interests.

Need Help with a Quitclaim Deed?

At Marina Title, we specialize in real estate transactions, including quitclaim deeds, title searches, and property transfers. Our experienced team ensures that your deed is properly prepared, executed, and recorded, protecting your real estate interests every step of the way.
Call us today at 1-855-513-5880 or send us a message via our Secure Contact Form to learn more about our real estate and title services for buyers, sellers, and investors. We provide title, escrow, and closing services throughout the State of Florida.