A Florida quitclaim deed is a legal document used to transfer whatever ownership interest a person has in real estate to another party, without guaranteeing that the title is free of liens or other ownership claims. In Florida, a quitclaim deed generally needs to be signed in the presence of two witnesses and properly acknowledged before a notary or another authorized official to satisfy applicable execution and recording requirements.
Quitclaim deeds are commonly used for property transfers between family members, former spouses, co-owners, and parties making certain changes to property ownership. Although the process may appear straightforward, mistakes involving signatures, witnesses, notarization, or recording can create delays and legal complications.
Understanding Florida’s requirements before signing can help you prepare the document correctly and determine when to consult a real estate attorney.
What Is a Quitclaim Deed in Florida?
A Florida quitclaim deed is a legal instrument that transfers the interest the grantor has in a property to the grantee, without providing the title warranties typically associated with a warranty deed. It can be useful for certain property transfers when the parties understand the ownership interest being conveyed.
The person transferring the interest is called the grantor, while the person receiving it is called the grantee.
For example, a parent may use a quitclaim deed to transfer an interest in a property to an adult child. Similarly, co-owners may consider one when changing how ownership is held.
However, a quitclaim deed does not automatically guarantee that the grantee receives clear title or that the property has no outstanding claims.
When Is a Quitclaim Deed Commonly Used?
Quitclaim deeds may be considered in situations such as:
Transfers between family members: A parent, child, or other relative transfers an ownership interest.
Changes between co-owners: One co-owner transfers their interest to another.
Divorce-related property transfers: A spouse transfers an interest as part of a property settlement, subject to the applicable agreement and legal requirements.
Transfers into certain trusts: An owner transfers an interest to a trust when the transaction is appropriately structured.
Correcting certain ownership arrangements: Parties may use a deed to address a change in ownership, provided the document is suitable for the situation.
The appropriate deed depends on the circumstances. A Florida real estate attorney can explain whether a quitclaim deed is appropriate and identify potential consequences involving taxes, mortgages, title insurance, or existing ownership rights.
Does a Quitclaim Deed Need to Be Notarized in Florida?
Yes. A Florida quitclaim deed generally requires proper acknowledgment or other legally sufficient proof of execution to be eligible for recording. A notary public can perform the acknowledgment, but notarization is only one part of the execution process.
Florida Statutes Section 695.03 establishes the acknowledgment and proof requirements for instruments concerning real property that are submitted for recording. The statute identifies notaries and other authorized officials who may perform these acts.
You can review the requirements in the official Florida Statutes, Section 695.03.
What Does the Notary Do During a Quitclaim Deed Signing?
A notary public performs the authorized notarial act associated with the deed. This generally involves verifying the signer’s identity, completing the acknowledgment or applicable certificate, and applying the required notarial seal or electronic equivalent.
During the appointment, the notary may:
Review the identification presented by the signer.
Confirm that the signer is appearing and acknowledging the signature as required for the notarial act.
Complete the appropriate notarial certificate.
Apply the official seal or electronic equivalent, as applicable.
Ensure the notarial section is completed according to the applicable requirements.
The notary does not determine whether the transfer is financially beneficial, whether the deed protects the parties’ interests, or whether the document accomplishes the intended legal result.
If the document contains errors or the parties are unsure about its legal effect, they should contact the attorney or professional who prepared it before proceeding.
How Many Witnesses Are Required for a Florida Quitclaim Deed?
Florida generally requires two subscribing witnesses for a deed conveying real property. Under Florida Statutes Section 689.01, real estate conveyances must generally be made in writing and signed by the grantor in the presence of two subscribing witnesses, subject to applicable statutory provisions and exceptions.
This requirement is separate from notarization. A notary’s signature and seal do not automatically replace the two-witness requirement.
What Do the Two Witnesses Need to Do?
The witnesses must satisfy the applicable requirements for witnessing the grantor’s signature. They should be present for the signing in accordance with Florida law, and their signatures should be properly included on the deed.
Before the appointment, confirm the following:
The document has the appropriate spaces for two subscribing witnesses.
Both witnesses can participate in the required signing process.
The grantor’s signature is witnessed as required.
The witness signatures and any identifying information requested on the document are completed correctly.
The notarization is completed separately according to the applicable instructions.
Florida law also contains provisions addressing electronic witnessing in certain circumstances. If the deed will be executed electronically or through remote online notarization, confirm that the specific method and document satisfy all applicable requirements.
For the governing provisions, consult Florida Statutes, Section 689.01.
What Is the Difference Between Notarization and Witnessing?
Notarization and witnessing serve different purposes in the execution of a Florida quitclaim deed. Witnesses attest to the signing process as required by law, while a notary performs an authorized notarial act, such as taking an acknowledgment.
The distinction matters because completing one requirement does not necessarily satisfy the other.
Requirement | Primary purpose | What to verify |
|---|---|---|
Two subscribing witnesses | Witness the grantor’s signature as required by Florida law | Both witness signatures and proper execution |
Notarization or acknowledgment | Authenticate the execution for applicable legal and recording purposes | Correct notarial certificate, signature, and seal |
Recording | Place the deed in the property’s official public records | County requirements, document completeness, and applicable fees |
A deed may encounter recording problems if a required signature is missing, the notarial certificate is incomplete, or the document does not meet the applicable formatting and submission requirements.
When arranging a signing, review the document’s instructions in advance and confirm any uncertainties with the attorney or title professional responsible for the transaction.
What Information Should a Florida Quitclaim Deed Include?
A Florida quitclaim deed should contain the information necessary to identify the parties, the property, and the interest being conveyed. The exact wording and requirements depend on the transaction, so the document should be prepared or reviewed by a qualified real estate attorney.
Common elements include:
Grantor information: The name of the person transferring the interest.
Grantee information: The name of the person receiving the interest.
Property description: A legal description identifying the real estate.
Consideration: The stated consideration or other applicable transfer details.
Execution section: The grantor’s signature and the required witness signatures.
Notarial certificate: The acknowledgment or other applicable notarial documentation.
Recording information: Any additional information or formatting required by the county clerk.
Why Is the Legal Description Important?
The legal description identifies the property interest addressed by the deed. A street address alone may not be sufficient to identify the real estate for the intended legal and recording purposes.
Using an incorrect legal description can create uncertainty about which property is involved. Do not rely on a generic online template without verifying that the description and other provisions are appropriate for the specific transaction.
If the property is subject to a mortgage, a homeowners’ association, a trust, or other ownership arrangements, seek professional guidance before signing.
How Do You Record a Quitclaim Deed in Florida?
Recording a quitclaim deed generally involves submitting the properly executed document to the official recording office in the county where the property is located. The county clerk or applicable recording office reviews the submission for compliance with its requirements and collects any applicable fees and taxes.
Florida Statutes Section 695.01 addresses the recording of conveyances and their effect in relation to creditors and subsequent purchasers without notice. Recording is therefore an important part of protecting the legal and public-record aspects of a property transfer.
Step 1: Confirm the Document Is Prepared Correctly
Before signing, verify that the deed identifies the correct grantor, grantee, and property. Ask a real estate attorney to review the language if there are questions about the ownership interest or intended transfer.
Step 2: Complete the Signing Requirements
Arrange for the grantor to sign the deed in accordance with Florida’s requirements, including the two subscribing witnesses and the applicable acknowledgment or proof of execution.
Make sure the notarial certificate and witness sections are completed correctly.
Step 3: Check County Recording Requirements
Confirm the applicable county recording office’s requirements for document formatting, signatures, identifying information, fees, and any applicable documentary stamp taxes or exemptions.
Requirements and charges can depend on the transaction. Do not assume every quitclaim deed qualifies for a tax exemption simply because the parties are related or no cash payment is involved.
Step 4: Submit the Deed for Recording
Submit the completed document to the appropriate recording office using an accepted filing method. Follow the office’s procedures for any required supporting documentation and payment.
Step 5: Confirm the Recording
After submission, verify that the deed has been recorded and retain a copy for your records. If the recording office rejects the document, identify the reason and consult the document preparer or attorney about correcting it.
Recording requirements can vary by county, so consult the relevant clerk’s official website before submitting the deed.
What Happens If a Quitclaim Deed Is Not Properly Notarized or Recorded?
An improperly executed or recorded quitclaim deed can create delays, uncertainty about the transfer, or disputes over ownership. The consequences depend on the nature of the defect, the parties’ circumstances, and applicable Florida law.
Potential issues include:
Recording rejection: The county may reject a deed that does not satisfy applicable submission requirements.
Incomplete execution: Missing witness signatures or a defective acknowledgment may require corrective action.
Ownership disputes: Errors in the deed’s language or property description may lead to disagreements about the interest conveyed.
Title complications: Defects or unrecorded interests can create difficulties when selling, refinancing, or otherwise dealing with the property.
Additional expenses: Correcting a deed may require professional assistance, additional recording fees, or legal proceedings.
Not every defect automatically makes a deed void, and recording does not necessarily cure every legal problem. A real estate attorney can assess the circumstances and advise on the appropriate remedy.
Is a Quitclaim Deed the Same as a Warranty Deed?
No. A quitclaim deed generally transfers whatever interest the grantor has without providing the title warranties associated with a warranty deed. A warranty deed provides specified assurances about title, subject to the type of deed and its terms.
The distinction is important when deciding how to transfer real estate.
Feature | Quitclaim deed | Warranty deed |
|---|---|---|
Interest transferred | The grantor’s existing interest, if any | The interest conveyed under the deed, with applicable title warranties |
Title warranties | Generally none | Includes warranties specified by the deed |
Common consideration | Certain transfers between family members or co-owners | Many conventional property sales |
Legal review | Important when ownership or liabilities are uncertain | Important when assessing title assurances and transaction terms |
Neither deed automatically resolves existing liens, mortgage obligations, or every ownership dispute. The appropriate document depends on the transaction, the parties’ goals, and the condition of the property’s title.
If you are unsure which document is suitable, consult a Florida real estate attorney before signing.
Can a Mobile Notary Help With a Florida Quitclaim Deed?
Yes. A mobile notary can travel to an agreed location to perform an authorized notarial act for a properly prepared quitclaim deed. The appointment can be arranged at a home, office, or another suitable location, provided the signing meets the applicable legal requirements.
A mobile notary can be particularly convenient when the grantor has limited mobility or the parties need a scheduled appointment outside a traditional office.
Before arranging the appointment:
Have the deed prepared or reviewed by the appropriate legal professional.
Confirm whether two witnesses are required and who will arrange them.
Ask the notary what identification the signer should bring.
Confirm that the document will be signed and acknowledged in the required manner.
Verify whether the county recording office has any additional requirements.
Signing With Lissy provides mobile notary services for individuals and businesses that need notarization at an agreed location. Clients can also review the available legal and estate planning document services to understand the types of signing support offered.
A notary can help complete the authorized notarial act, but cannot replace a real estate attorney for deed preparation, title analysis, or legal advice.
Frequently Asked Questions About Florida Quitclaim Deeds
Can I Prepare My Own Quitclaim Deed in Florida?
A person may be able to prepare a deed without hiring an attorney, but doing so carries risks if the legal description, ownership language, execution requirements, or tax implications are incorrect. An attorney can help ensure the deed fits the intended transaction.
Does a Quitclaim Deed Transfer a Mortgage to Someone Else?
No. Transferring an ownership interest through a quitclaim deed does not automatically transfer or eliminate mortgage obligations. The mortgage agreement and applicable law determine the parties’ responsibilities, so consult the lender and a real estate attorney before proceeding.
Does a Quitclaim Deed Remove Someone From a Property Title?
A properly executed and effective quitclaim deed may transfer the grantor’s interest to another party, depending on the circumstances and the deed’s terms. However, the effect on ownership depends on the existing title, the interest conveyed, and applicable law.
Can I Use a Quitclaim Deed to Transfer Property to a Family Member?
Yes, quitclaim deeds are sometimes used for transfers between relatives. However, family relationships do not eliminate the need to comply with execution and recording requirements or to consider tax, mortgage, and ownership consequences.
Do Both Witnesses Need to Be Present When the Deed Is Signed?
Florida generally requires the grantor’s signature to be witnessed by two subscribing witnesses. The witnesses must satisfy the applicable execution requirements, so confirm the signing arrangement with the document preparer or attorney before the appointment.
Can a Florida Quitclaim Deed Be Notarized Online?
Florida permits remote online notarization under applicable legal requirements, but the specific deed, witnessing method, electronic signatures, and recording process must comply with the relevant laws. Confirm acceptance with the preparing attorney and the county recording office before choosing an online signing method.
How Much Does It Cost to Record a Quitclaim Deed in Florida?
The cost depends on applicable recording fees, document length, and any documentary stamp taxes or other charges that apply to the transaction. Contact the county recording office and consult a tax or real estate professional to confirm the amount.
Conclusion: Get the Signing and Recording Right
A Florida quitclaim deed can be a practical way to transfer an existing ownership interest, but the process requires more than a signature. The grantor must satisfy the applicable witness requirements, complete the necessary acknowledgment or proof of execution, and ensure the deed meets the county’s recording requirements.
Before signing, have a qualified Florida real estate attorney address questions about deed preparation, ownership rights, mortgages, taxes, and the legal consequences of the transfer. Once the document is ready, a qualified notary can help complete the authorized notarization process.
If you need an in-person signing appointment, Signing With Lissy’s mobile notary service can help coordinate notarization at a convenient location in South Florida, subject to service availability and the requirements of the document.
Disclaimer: This article is for general educational purposes only and is not legal or tax advice. Laws and recording requirements may change. Consult a qualified Florida real estate attorney or tax professional about your specific circumstances.
