Signing a deed at the kitchen table may seem straightforward until the county clerk rejects it because required information is missing. Correcting the paperwork can mean gathering signatures again and delaying the transfer. Other mistakes may go unnoticed until someone tries to sell or refinance the property, potentially creating additional costs and ownership disputes.
Whether you are transferring property to a family member, dividing ownership after a divorce, or moving real estate into a trust or LLC, understanding Florida’s requirements can help you avoid these problems. This guide explains how to prepare and record a Florida quit claim deed, what costs to expect, and which issues to review before signing.
A Florida quit claim deed is a legal document that transfers whatever ownership interest the person signing it, called the grantor, has in real property to the recipient, called the grantee. This document is referred to as a “quitclaim deed” or a “quit claim deed.” “Quick claim deed” is a common misspelling.
A misspelled heading alone does not invalidate an otherwise properly drafted and executed deed. However, it illustrates how easily errors can occur during drafting. Other mistakes, such as an incorrect legal description or missing signatures, have much more serious consequences.
The grantee receives only the ownership interest the grantor actually holds. For example, if the grantor owns an undivided one-half interest in a home, the deed transfers that interest, leaving the other owner’s share unchanged. If the grantor owns the entire property, the deed can transfer full ownership. If the grantor has no ownership interest, the grantee receives none.
Unlike a warranty deed, a quitclaim deed provides no warranties concerning ownership or the condition of the title. The recipient takes the grantor’s interest subject to existing title defects and enforceable encumbrances.
A quitclaim deed does not:
Quitclaim deeds are commonly used between family members. An owner may transfer all or part of their interest to children, siblings, or parents during their lifetime rather than waiting until death. Relatives who jointly own property may also use one to complete a buyout.
Marriage and divorce often involve similar transfers. An owner may add a spouse to the title after marriage or convey their interest to a former spouse under a divorce settlement. Homestead rights and existing mortgage obligations should be considered before signing.
A quitclaim deed can also include an enhanced life estate, commonly called a Lady Bird deed. Properly drafted, it reserves the owner’s ability to use, sell, or mortgage the property without the beneficiaries’ consent. Property remaining subject to the deed passes automatically to the named beneficiaries at death, helping avoid probate.
Owners may also transfer property to the trustee of a living trust or to an LLC for estate planning or business purposes.
Certain title problems may call for a quitclaim deed. For example, a former owner may release an interest that an earlier deed did not clearly convey. A corrective deed may fix a drafting error, but the appropriate language and signatures depend on the defect.
For a typical sale between unrelated parties, a warranty deed is generally more appropriate because buyers ordinarily expect title warranties. Our guide to quitclaim deeds versus warranty deeds explains the differences.
A valid quitclaim deed in Florida must identify the parties and property, contain language conveying the grantor’s interest, and be properly signed, witnessed, and delivered. Additional requirements apply when recording the deed, including acknowledgment, printed names, mailing addresses, and space for the clerk’s stamp. Homestead transfers may also require a spouse’s signature.
The following table covers the usual requirements for a deed signed in Florida by an individual:
Element | What Florida requires | Source |
Grantor and grantee | Identify the person transferring the interest and the recipient, including their mailing addresses. | |
Conveyance language | Use language substantially following the statutory form to transfer the grantor’s right, title, and interest. | § 689.025 |
Consideration | Include the statutory recital identifying the consideration for the transfer. This does not necessarily mean money must change hands. | § 689.025 |
Legal description and county | Include an accurate legal description and identify the Florida county where the property lies. A street address alone is insufficient. | § 689.025 |
Parcel identification number | Provide a blank for the parcel number and enter it if available. Omitting the blank or number does not invalidate the conveyance or prevent recording. | § 689.025 |
Grantor’s signature | The grantor or a lawfully authorized agent signs before two subscribing witnesses. For recording, include the signer’s printed name beneath the signature and mailing address. | |
Two witnesses | Both witnesses sign. For recording, include each witness’s printed name beneath their signature and mailing address. | §§ 689.01, 695.26 |
Acknowledgment for recording | Ordinarily, the grantor acknowledges execution before a notary, who completes the acknowledgment. Other legally permitted methods of proof are available. | |
Preparer information | Include the name and mailing address of the individual who prepared the deed or supervised its preparation. | § 695.26 |
Recording space | Reserve a 3-by-3-inch space at the upper right of the first page and a 1-by-3-inch space at the upper right of subsequent pages. | § 695.26 |
Homestead spouse’s signature | A married owner transferring homestead to a third party generally needs the spouse to join, even if the spouse is not on title. Certain transfers between spouses follow different rules. | Fla. Const. art. X, § 4(c); § 689.11 |
Florida also permits remote online notarization and electronic witnessing when the applicable legal requirements are satisfied.
A missing recording detail may require correction before the clerk accepts the deed, while a defect in execution or a missing required spouse’s signature can undermine the transfer itself. Recording a deed does not establish that it is legally valid.
Parties and date: Identify when the deed is executed, the grantor and grantee, and their mailing addresses.
Conveyance and consideration: State the consideration and use the statutory language “remise, release, and quitclaim” to convey the grantor’s interest.
Property: Identify the county, include the complete legal description, and provide space for the parcel identification number.
Execution: Include the grantor’s signature, witness signatures and information, and the appropriate notarial certificate. Additional signatures or provisions may be necessary.
Recording information: Include the preparer’s name and address and reserve the required space for the clerk’s recording stamp.
For an example, the Duval County Clerk publishes a quitclaim deed form. That form identifies Duval County, so it should not be used unchanged for property elsewhere. The clerk also cautions that the form may not suit every transaction.
A standard form cannot determine whether a spouse must sign, how multiple recipients should hold title, or whether special provisions are needed to reserve an enhanced life estate. Those decisions require more than completing the blanks.
Recording a quitclaim deed involves preparing the document, properly executing it, and submitting it to the county’s recording office with the required payment. The process generally follows these six steps:
Obtain the current recorded deed. Confirm the existing owners and obtain the property’s complete legal description. Do not rely on the street address alone.
Review the property and ownership. Check for mortgages, liens, homestead status, and other owners. These details can affect the required signatures, taxes, and consequences of the transfer.
Prepare the new deed. Follow Florida’s statutory form and include the provisions needed for the intended ownership arrangement.
Sign and notarize the deed. For an ordinary transfer by an individual, the grantor signs before two witnesses and acknowledges execution before a notary. Include any additional required signatures and the printed names and addresses discussed above.
Calculate the taxes and fees. Determine the recording charges and any documentary stamp tax. A transfer without a cash payment may still involve taxable consideration.
Submit the deed for recording. File it with the Clerk of the Circuit Court in the county where the property is located. Follow that clerk’s submission instructions and retain the recorded copy.
For Hillsborough County property, the Hillsborough County Clerk’s recording office accepts documents in person, by mail, or through an e-recording provider. For mailed submissions, include the required payment, a recording transmittal form or cover letter, and a self-addressed stamped envelope. Submission procedures and e-recording options vary by county.
A properly executed and delivered deed can be effective between the parties before recording. However, recording protects the recipient against certain competing claims from creditors and subsequent purchasers without notice under section 695.01, Florida Statutes. Leaving the deed unrecorded can put that protection at risk.
The cost of a quit claim deed generally includes recording fees, documentary stamp tax, and any attorney fee for preparing and recording the document. The tax can account for most of the expense, depending on the consideration and any applicable exemption.
Recording fees. As of 2026, standard deed recording charges are $10 for the first page and $8.50 for each additional page, plus $1 for each indexed name beyond four. A two-page deed with no additional indexing charges costs $18.50 to record. These charges follow section 28.24, Florida Statutes, and appear in the Hillsborough County Clerk’s fee information.
Documentary stamp tax. Outside Miami-Dade County, the rate is $0.70 for every $100, or fraction of $100, of taxable consideration. Miami-Dade charges $0.60 per $100, with an additional $0.45 surtax on transfers subject to that surtax. Transfers of only a single-family dwelling are exempt from the surtax. The Florida Department of Revenue explains these rates and provides examples.
Consideration can include an outstanding mortgage attributable to the interest transferred, even when no money changes hands. Certain divorce-related transfers of the marital home and qualifying homestead transfers between spouses are exempt under section 201.02, Florida Statutes. A family relationship alone does not create an exemption.
Attorney fees. Dutton & Salta offers flat-fee deed preparation, with the fee based on the scope and complexity of the transfer. Confirm whether a quote includes recording charges and whether documentary stamp tax is additional.
For example, a Hillsborough County transfer with $100,000 in total taxable consideration, a two-page deed, and no additional indexing charges would incur $700 in documentary stamp tax plus $18.50 in recording fees, totaling $718.50 before attorney fees or other service charges.
Use our Recording Fee Calculator to estimate the documentary stamp tax and recording fees due when recording your deed. The result is an estimate, not a guaranteed total. Exemptions, partial-interest transfers, additional indexed names, and county-specific procedures may affect the final amount. Attorney fees and e-recording provider charges are not included. Confirm the applicable taxes and fees with your attorney or the county’s recording office before submitting your deed.
Enter a sale price to see the estimate.
Important: Transfers between spouses, gifts, partial interests, trusts, and LLCs may be taxed differently or exempt. Consult a Florida real estate attorney about your transfer.
Estimate only, not legal or tax advice. Does not include attorney fees or e-recording provider charges. See ss. 28.24, 201.02, and 201.031, Fla. Stat.
Adding or removing an owner requires a new deed conveying an interest in the property. You cannot simply edit the names on the existing recorded deed.
The new deed should identify the recipients and how they will hold title, including whether survivorship rights are intended. An owner adding someone while retaining an interest will commonly appear as both a grantor and a grantee. Giving a child an interest without receiving full value generally constitutes a gift and may require a federal gift tax return, even when no gift tax is payable. Review the IRS guidance on gift taxes before proceeding.
The departing owner generally must sign a deed conveying their interest. Another owner cannot unilaterally remove them from title. If the parties cannot agree on a buyout or sale, a partition action may provide a way to resolve the shared ownership.
The deed should carry out the settlement agreement or final judgment, including any conditions governing payment and execution. Removing a former spouse from title does not remove that person from the mortgage loan.
The next step depends on how title was held. Valid survivorship rights may allow ownership to pass automatically, with a certified death certificate and other supporting documents used to establish the change in the public records. Without survivorship or another applicable arrangement, probate proceedings may be needed, potentially including summary administration for a qualifying estate. An heir should not assume they can sign a deed on the deceased owner’s behalf.
A quitclaim deed can accomplish a straightforward transfer, but errors or misunderstood terms can create problems that are expensive to resolve.
The recipient has no claim under deed warranties if the grantor’s ownership proves defective. Separate claims based on fraud or an agreement may still exist. A warranty deed provides title promises that a quitclaim deed omits, as explained in our guide to quitclaim deeds versus warranty deeds.
An existing title insurance policy may not cover the new owner. Confirm coverage with the insurer rather than assuming it continues after the transfer.
Missing required witnesses, an inadequate legal description, or a missing required homestead spouse’s signature can undermine the transfer. A defective notarial certificate can also prevent recording. Signing without legal capacity or because of duress or undue influence may provide grounds to challenge the deed.
Recording does not cure forgery or establish that the named grantor authorized the transfer. A fraudulent recorded deed may require a quiet title action or other court relief to clear the public record.
For a hypothetical example, a parent might add two adult children as immediate co-owners, expecting the family to keep the home indefinitely. If one child later wants to sell, the resulting disagreement could lead to a partition lawsuit. This illustrates a possible consequence of shared ownership, not an actual client matter or a predicted outcome.
Florida property owners can prepare their own quitclaim deeds without hiring an attorney. However, the deed must satisfy the applicable drafting and execution requirements and should be properly recorded in the county where the property is located.
A properly executed and delivered deed can remain valid between the parties even if it is not recorded. However, an unrecorded deed does not publish the recipient’s ownership interest in the county’s public records. This can complicate a future sale or refinance and leave the recipient vulnerable to certain competing claims from creditors or later purchasers without notice. Recording provides protections under section 695.01, Florida Statutes.
Preparing your own deed may be reasonable for a straightforward transfer when you have verified the existing ownership and legal description, understand the ownership arrangement you are creating, and have no unresolved mortgage, homestead, or title questions. A standard form provides a starting point, but it cannot determine whether the transfer is appropriate for your circumstances.
Legal review is particularly useful when the property has a mortgage, the owner is married, several people hold title, or an earlier deed raises questions. Transfers involving a deceased owner, reserved lifetime rights, or estate and Medicaid planning also require attention beyond completing a form.
A deed preparation attorney can review the current deed and relevant title history, identify necessary parties and signatures, draft the intended ownership provisions, assess documentary stamp tax, and help ensure the executed deed is properly submitted and recorded. Confirm the scope of the representation, including whether a formal title search or title insurance is included.
Yes, provided you received a valid ownership interest. Receiving property through a quitclaim deed does not itself prevent a later sale. However, unresolved liens, competing claims, or defects in the chain of title may need to be addressed before closing. If you received only a partial interest, you cannot sell the other owners’ interests without their participation or appropriate legal authority.
A valid quitclaim deed does not expire merely because time passes. An outright transfer remains effective until the interest is later transferred or otherwise affected by law. The grantor generally cannot undo a completed transfer simply by changing their mind. Reversing it ordinarily requires a deed conveying the interest back or court relief based on grounds such as fraud, duress, or incapacity. Deeds reserving enhanced life estate powers operate differently.
Not automatically. A quitclaim deed changes ownership but does not change the borrowers or loan terms. Refinancing may be necessary if the parties want to release a borrower and the lender will not approve another arrangement. Review the loan’s transfer restrictions and any applicable federal protections before signing.
Once recorded, a quitclaim deed becomes part of the county’s official public records. It can generally be searched by party name or recording information, often through the recording office’s website. Certain information may qualify for redaction under Florida law, but recording ordinarily makes the transfer document available for public inspection.
Robert Salta | Founding Partner, Dutton & Salta, PLLC
Robert Salta is a Florida attorney representing clients in real property disputes, including partition actions, quiet title matters, foreclosure defense, and disputes involving inherited property. He earned his Juris Doctor from Stetson University College of Law and his bachelor’s degree from the University of Central Florida. His practice focuses on helping clients understand their ownership rights and resolve disputes over Florida real estate.
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