Florida Quitclaim Deed: How It Works, When to Use It & When to Avoid It

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

A quitclaim deed transfers whatever ownership interest the grantor holds in a property — nothing more, nothing less. No warranties are made about the title. If the grantor turns out to own nothing, the grantee receives nothing. That limitation makes quitclaim deeds appropriate for specific situations and dangerous in others.

What a Quitclaim Deed Does (and Doesn't) Guarantee

When Quitclaim Deeds Are Appropriate in Florida

1. Divorce Property Transfers

When one spouse is awarded the marital home in a divorce settlement, the other spouse signs a quitclaim deed to remove their name. Fast, low-cost, and effective when title is already clear. Most Florida divorce decrees reference this process explicitly.

2. Adding or Removing a Spouse from Title

Married couples frequently use quitclaim deeds to add a new spouse or to restructure ownership (e.g., from sole owner to joint tenants with right of survivorship). Florida's Married Women's Property Act and homestead laws affect this — consult an attorney if the property qualifies as homestead.

3. Transferring to a Living Trust

To fund a revocable living trust, the grantor deeds the property into the trust using a quitclaim deed. This is extremely common in Florida estate planning. Title insurance is unaffected as long as the trust is properly documented.

4. Gifting Property to Family Members

Parent-to-child, grandparent-to-grandchild transfers. Documentary stamp tax may still apply even if no money changes hands (see below).

5. Correcting a Title Defect or Scrivener's Error

If a prior deed misspelled a name or omitted a grantor, a corrective quitclaim deed re-executes the transfer with accurate information. This is one of the most common uses in title work.

Florida Quitclaim Deed Requirements

Under Florida Statute §695.01, a deed must meet these requirements to be valid and recordable:

• Names: Full legal names of grantor(s) and grantee(s)
• Consideration: State the consideration — even "love and affection" or "ten dollars and other good and valuable consideration" is sufficient for family transfers
• Legal description: Must match the property's legal description from the prior deed or survey — lot, block, subdivision, and county
• Granting clause: Language such as "does hereby remise, release, and quitclaim unto…" — Florida statutes recognize this language
• Signature: Grantor must sign before two witnesses (Florida requires two witnesses — not one)
• Notarization: A notary acknowledges the grantor's signature
• Recording: Filed with the county Clerk of Court where the property is located; recording fee is typically $10 for the first page + $8.50 per additional page

Documentary Stamp Tax on Quitclaim Deeds

Florida imposes documentary stamp tax on deed transfers at $0.70 per $100 of consideration (or $0.60 in Miami-Dade County). For quitclaim deeds where no money changes hands, the calculation depends on whether there is a mortgage involved:

• No mortgage, no money paid: Minimum tax of $0.70 (minimum taxable amount = $100)
• Existing mortgage assumed or taken subject to: Doc stamp is calculated on the outstanding mortgage balance, because the grantee is taking on that liability
• Divorce transfer where one spouse takes the property subject to the existing mortgage: Doc stamp is owed on the mortgage balance — the IRS and Florida DOR treat mortgage assumption as consideration

This surprises many divorcing couples. If the home carries a $400,000 mortgage and one spouse quitclaims out, the receiving spouse owes $2,800 in doc stamps (400,000 × 0.007). Florida DOR takes this seriously — underpayment is the most common error on quitclaim deeds.

Homestead Considerations

If the property is a Florida homestead and one spouse signs a quitclaim deed without the other spouse's joinder, the deed may be void — not just voidable. Florida's homestead protection (Article X, §4 of the FL Constitution) requires both spouses to join in any alienation of homestead property, regardless of whose name is on the title.

This is a common, expensive mistake. A quitclaim deed signed by only one spouse on a homestead property has been struck down in Florida courts. Both spouses must sign, even if only one holds legal title.

Step-by-Step: How to Record a Florida Quitclaim Deed

1. Obtain the current legal description from the existing deed or the county property appraiser's website
2. Draft the deed using Florida-compliant language (attorney recommended, especially for homestead property)
3. Grantor signs before two witnesses and a notary public
4. Calculate and pay documentary stamp tax — obtain a doc stamp certification or remit to the county clerk at recording
5. Record the deed at the county Clerk of Court (in person, by mail, or through an e-recording service)
6. After recording, the Clerk returns the original deed stamped with the Official Records book and page number
7. Update your title insurance policy if applicable — notify the insurer of the transfer

Quitclaim Deed vs. Other Florida Deed Types

Common Quitclaim Deed Mistakes in Florida

• Only one witness: Deed is invalid and will be rejected at the Clerk's office
• Incorrect legal description: Using the street address instead of the legal description — creates a cloud on title
• Homestead without both spouses: Void, not voidable — can cost tens of thousands to fix
• Ignoring doc stamp on mortgage transfers: Florida DOR can assess penalties and interest
• Not updating title insurance: Lender's title policy may not cover the new grantee — requires endorsement or new policy
• Using it in an arm's-length sale: Buyer has zero recourse if a prior lien, judgment, or claim surfaces