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Florida Quitclaim Deed

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FLORIDA QUITCLAIM DEED

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II. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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Prepared by and please return to:

Name:

Address:

Recording Fee $

Property Appraiser's Parcel ID No.

Doc. Stamps $

QUITCLAIM DEED

[Husband and Wife to an Individual]

THIS INDENTURE, made this day of , 20, between

Grantors: of the County of

State of and

of the County of State of

Husband and Wife,

AND

Grantee: , whose street address is

in the County of State of

WITNESSETH, that Grantors, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantors in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim to Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in

County, Florida, to-wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantors, either in law or equity, to the only proper use, benefit and advantage to the said Grantee forever.

IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in the presence of:

Witness Signature (as to First Grantor)

Printed Name

Witness Signature (as to First Grantor)

Printed Name

Signature of Grantor

Printed Name

Post Office Address

City, State, and Zip

Witness Signature (as to Second Grantor)

Printed Name

Witness Signature (as to Second Grantor)

Printed Name

Signature of Grantor

Printed Name

Post Office Address

City, State, and Zip

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of

20 by

Notary Public

(Print, type, or stamp commissioned name of Notary Public)

My commission expires:

Personally Known

OR Produced Identification

STATE OF FLORIDA, COUNTY OF

The foregoing instrument was acknowledged before me this day of

20 by

Notary Public

(Print, type, or stamp commissioned name of Notary Public)

My commission expires:

Personally Known

OR Produced Identification

EXHIBIT A

Grantors:

Grantee:

Parcel Identification Number:

Legal Description:

Enter text✕
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What a Florida Quitclaim Deed Is

A Florida Quitclaim Deed is a legal instrument used to transfer any interest a grantor holds in real property without warranties or guarantees about title. It conveys whatever interest the grantor possesses at signing, if any, and is commonly used between family members, in divorce settlements, or to clear title issues. In Florida the deed must include a proper legal description, identifying information for parties, and a notarized signature; the document is recorded in the county where the property is located to provide public notice of the transfer.

Why a Quitclaim Deed Is Used

The Florida Quitclaim Deed provides a quick, low-cost method to transfer whatever property interest the grantor holds, simplifies intra-family or inter-party transfers, and clarifies ownership for recording purposes. It does not insure title or protect against unknown liens.

Why a Quitclaim Deed Is Used

Common Parties That Use This Form

Typical users of a Florida Quitclaim Deed include family members, divorcing spouses, heirs, and parties clearing title between co-owners.

  • Individual transferring property to a relative or spouse, often without compensation.
  • Co-owners adjusting ownership shares after a buyout or contribution change.
  • Heirs or trustees completing administrative transfers following estate settlement process.

Use cases often prioritize speed and recording over title warranties; consult counsel when liens or title defects exist.

Core Elements of a Professional Florida Quitclaim Deed

Key elements of a professional Florida Quitclaim Deed clarify parties, describe property precisely, document consideration, and ensure proper notarization and recording for public notice.

Parties

Identify the grantor and grantee using full legal names and, for entities, include the formation type and authorized signer's capacity. Clear party identification prevents ambiguity in title records.

Legal Description

Provide the exact legal description as recorded in county records, including lot, block, subdivision, and metes-and-bounds language where applicable; street addresses alone are insufficient for recording.

Consideration

State the monetary amount or expressed consideration. Even nominal consideration such as $1 is commonly used to show bargained exchange; vagueness can impede recording or tax reporting.

Notary

Include a Florida notary acknowledgement with the notary's printed name, commission number, commission expiration, and official seal; ensure the notary witnesses the grantor's signature.

Witnesses

Attach witness signatures when required by Florida law—typically two witnesses—and verify witness capacity to avoid challenges during probate or title disputes.

Recording Block

Leave space for the clerk's recording information and return address; include county recorder requirements such as document margin and indexing details.

Step-by-Step: Execute and Record the Deed

Follow these steps to complete and record a Florida Quitclaim Deed accurately and reduce the risk of recording delays.

  • 01
    Prepare Draft: Enter grantor, grantee, legal description, and consideration details.
  • 02
    Notarize Signature: Have grantor sign before a Florida notary public and provide ID.
  • 03
    Obtain Witnesses: Include two witnesses when required by Florida law for deeds.
  • 04
    Record Deed: Submit to county recorder with recording fee to create public notice.

How Recording Creates Public Notice

Recording a Florida Quitclaim Deed creates public notice; follow submission steps at the county recorder to update title records and indexing.

  • Prepare Document: Draft deed with full legal description and consideration.
  • Notarize: Grantor signs before an authorized Florida notary.
  • Submit to Recorder: File in property county with recording fee.
  • Receive Recorded Copy: Clerk returns stamped instrument with recording details.

Setting Up an Online Signing Workflow

Configure an online workflow for completing, signing, notarizing, and recording the Florida Quitclaim Deed to streamline execution and tracking.

Field Configuration
Signer Authentication Email + SMS code or ID verification
Notary RON or in-person notary option enabled
Auto-Fields Magic fields to prefill names and dates
Return Routing Send recorded copy to grantor and grantee

Digital Signing and Submission Considerations

Digital signing and eSubmission require compatible file formats, signer authentication, and acceptance by the county recorder for electronic instruments.

  • File Formats: PDF/A or standard PDF preferred
  • Signer Authentication: Email, SMS, or identity proofing
  • Integrations: Works with county eRecording vendors

Key Timing Considerations

Timing matters for execution, notarization, recording, and tax reporting when transferring property with a Florida Quitclaim Deed.

Execution Date:

Sign and date document when parties agree; impacts priority

Notarization Date:

Notary must acknowledge the grantor's signature at signing

Recording Date:

File at county recorder; priority starts upon recording

Tax Reporting:

Report transfers as required; consult IRS rules for gift or sale

Correction Period:

Correct errors promptly; affidavits or corrective deeds may be required

Notarization and Witness Authentication Flow

Notarization and witness authentication steps ensure the deed meets Florida recording standards and withstands future challenges.

01

Prepare Deed

Draft complete deed with legal description and consideration language

02

Identify Parties

Confirm legal names and signatory capacity for each party

03

Sign in Presence

Grantor signs in front of the notary public

04

Notary Acknowledgement

Notary completes acknowledgement and applies seal

05

Witness Attestation

Obtain witness signatures where required by Florida rules

06

Attach Supporting Docs

Include surveys or affidavits if required by title company

07

Pay Recording Fees

Submit payment per county schedule at filing

08

Receive Recorded Copy

Clerk returns stamped copy and indexing information

Security and Compliance Considerations for Electronic Handling

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II, ISO 27001, PCI DSS
HIPAA: HIPAA-compliant when a business associate agreement is executed
ESIGN/UETA: Compliant with ESIGN and UETA for enforceability
Audit Trail: Detailed timestamps, IP addresses, and action logs
Accessibility: WCAG 2.0 Level AA support for accessibility

Risks and Consequences of Errors

Unrecorded Transfer: Lose priority to later purchasers
Unknown Liens: Grantor doesn't clear existing liens
Tax Implications: Possible transfer tax or reporting
Title Challenges: Limits buyer protections
Recording Fees: Fees may be due at filing
Perjury Risk: False statements can carry penalties

Common Preparation Errors to Avoid

  • Using incomplete legal descriptions (street addresses only) leads to county rejection and unclear title; always use the recorded legal description.
  • Failing to notarize or using an out-of-state notary may prevent recording; confirm notary requirements with the county clerk before signing.
  • Entering mismatched names between grantor ID and deed can delay recording and require corrective affidavits or re-execution.
  • Assuming a quitclaim conveys warranty — relying on quitclaim without a title search can expose parties to undisclosed liens or claims.

Practical Best Practices for Smooth Recording

Follow these best practices to ensure validity, minimize disputes, and improve acceptance of a Florida Quitclaim Deed at recording.

Verify the recorded legal property description
Copy the legal description directly from the prior recorded deed or county plat. Even small transcription errors can cause the recorder to reject the filing or create ambiguities in title, leading to corrective filings and additional fees.
Confirm party names and signing capacity
Match names to government ID or entity registration; for trustees or corporate officers, include capacity language (for example, 'as trustee' or 'as president') to avoid later disputes over authority.
Obtain a title search when appropriate
Run or obtain a title search before transfer to identify liens or encumbrances; consider title insurance for buyers or when future financing is anticipated because quitclaim provides no warranty.
Check mortgage and lender requirements
Confirm whether existing mortgages require lender consent or satisfaction before recording, and beware of due-on-sale clauses that can be triggered by transfers without lender approval.

Real-World Examples

Examples illustrate typical use cases and practical considerations when using a Florida Quitclaim Deed.

Family Transfer

A parent transfers interest in a vacation property to an adult child to simplify estate administration and avoid probate.

  • Used to clear title between relatives.
  • While the transfer is quick and inexpensive, the child should obtain a title search and consider title insurance if future resale or mortgage financing is likely; quitclaim does not guarantee against undisclosed liens or claims.

Post-Divorce Transfer

Divorce settlements often use quitclaim deeds to move a spouse's interest to the other party as part of property division terms.

  • Conveys interest per settlement terms.
  • Counsel should confirm tax consequences and mortgage lender requirements before filing; some lenders require satisfaction of mortgage or additional documentation prior to recording, and failing to notify mortgagees can breach loan covenants.

eSignature Vendor Snapshot for Deed Execution

Feature and starting-price comparison for common eSignature vendors relevant to executing the Florida Quitclaim Deed; signNow appears first per table requirements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions

Answers to common questions about preparing, signing, notarizing, and recording a Florida Quitclaim Deed. See legal considerations and practical tips below.


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