Florida Quit Claim Deed: How It Works and When to Use One

Florida quit claim deeds — transfers between family, trusts, divorce, and what they don't protect against

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A Florida quit claim deed (sometimes spelled quitclaim deed) is a deed that transfers whatever interest the grantor has in a piece of real property, without any warranties about the title. The grantee receives whatever the grantor owned — which could be a full fee simple interest, a partial interest, or in some cases, nothing at all.

Quit claim deeds are common in Florida for transfers between family members, divorce property settlements, transferring property into or out of a trust, and other situations where the parties don’t need (or don’t want to pay for) title warranties. But they carry real risks — particularly when transferring property to an arm’s-length buyer.

Florida Quit Claim Deed — Frequently Asked Questions

What is a quit claim deed in Florida?

A Florida quit claim deed transfers whatever interest the grantor has in a piece of real property, with no warranties of title. The grantee receives only what the grantor owns — if the grantor owns nothing, the grantee receives nothing. It’s commonly used for inter-family transfers, divorce settlements, transfers into or out of trusts, and clearing minor title defects. It’s NOT typically used for arm’s-length sales because it provides no protection against title defects.

What's the difference between a quit claim deed and a warranty deed in Florida?

A warranty deed (Florida statutory form: Fla. Stat. § 689.02) includes covenants that the grantor has good title, has the right to convey it, the property is free of encumbrances, and the grantor will defend the title against claims. A quit claim deed includes NONE of these warranties — just a transfer of whatever interest exists. Buyers in arm’s-length transactions typically demand warranty deeds (or special warranty deeds) plus title insurance for protection.

When should you use a quit claim deed in Florida?

Common Florida quit claim deed uses include: (1) transferring property between spouses or family members, (2) divorce property settlements transferring one spouse’s interest to the other, (3) transferring property into or out of a revocable trust, (4) adding or removing a co-owner, (5) clearing minor title clouds (such as a deceased co-owner’s interest), (6) gifting property to children. NOT recommended for arm’s-length sales to unrelated buyers.

Are quit claim deeds legal in Florida?

Yes. Quit claim deeds are fully legal and valid in Florida. They must comply with the same execution and recording requirements as any Florida deed: signed by the grantor in the presence of two witnesses, notarized, and recorded in the official records of the county where the property is located. Once properly executed and recorded, a quit claim deed transfers the grantor’s interest just as effectively as a warranty deed (but without the warranties).

Does a Florida quit claim deed transfer ownership?

Yes — but only the ownership the grantor actually has. If the grantor owns the property in fee simple, a quit claim deed transfers fee simple ownership to the grantee. If the grantor owns only a partial interest (such as a 50% co-tenancy), the quit claim deed transfers only that 50%. If the grantor owns NOTHING — for example, because they signed but were never actually on title — the quit claim deed transfers nothing. This ‘what you give is what you got’ nature is the deed’s primary risk.

How do you execute a Florida quit claim deed?

Florida deed execution requirements (Fla. Stat. § 695.26): (1) the grantor signs, (2) in the presence of two witnesses, (3) the signature is acknowledged before a notary public, (4) the deed is recorded in the official records of the county where the property is located. Recording fees (typically $10 for the first page plus $8.50 per additional page) and documentary stamp tax (depending on consideration) are also required.

Are there tax consequences of a Florida quit claim deed?

Yes. Florida charges documentary stamp tax on most deed transfers — generally $0.70 per $100 of consideration ($0.60 in Miami-Dade County). For transfers with no money changing hands (such as adding a spouse to title), the tax is calculated on the value of the interest transferred. Some transfers are exempt (interspousal, divorce, trust funding). Tax implications for income tax (capital gains, gift tax) may also apply — consult a tax professional for those.

Can a quit claim deed be reversed in Florida?

Not unilaterally. Once a quit claim deed is delivered and recorded, the grantor cannot simply ‘take back’ the transfer. The grantee would need to execute a new deed conveying the property back. Limited circumstances may allow rescission: fraud in the inducement, mutual mistake, lack of capacity, or undue influence — but those require court action. The lesson: don’t sign a quit claim deed unless you’re certain about the transfer.

Should I use a quit claim deed to add my spouse to my Florida home?

It’s commonly done but consider the downsides. Adding a spouse via quit claim deed creates a tenancy by the entirety (if both names are titled together and married), which has creditor-protection benefits but may complicate later transfers. For homestead-protected property, adding a spouse can be appropriate. For property owned before the marriage in a state that doesn’t recognize community property (Florida doesn’t), adding a spouse to title is also a transfer that has documentary stamp tax implications. Talk to an attorney before deciding.