Florida Quitclaim Deed: When and How to Use One
May 2026
A Florida quitclaim deed transfers whatever ownership interest the grantor has to the grantee — with no warranty that the title is clear. This makes quitclaim deeds useful for specific situations, but inappropriate for most arm's-length real estate sales.
What a quitclaim deed does (and doesn't) do
A quitclaim deed conveys interest in property without making any guarantee about the quality of title. A warranty deed (general or special), by contrast, makes guarantees about title quality and provides legal recourse if problems arise. In standard Florida real estate closings, warranty deeds are the norm.
When quitclaim deeds are appropriate in Florida
- Adding a spouse to title — common when refinancing or establishing homestead with a new spouse
- Removing a former spouse — after divorce, transferring the departing spouse's interest
- Transferring property to a trust — estate planning transfers from individual ownership to revocable living trust
- Correcting a title defect — fixing a name misspelling or correcting a defective earlier deed
- Gifts between family members — when both parties understand and accept the title situation
When NOT to use a quitclaim deed
Do not use a quitclaim deed for standard property sales between strangers. The buyer would have no warranty protection, title insurance companies may be reluctant to insure, and lenders will not accept a quitclaim deed as the vesting instrument for a purchase money loan.
Florida POA execution requirements
A Florida quitclaim deed must be signed by the grantor in the presence of two witnesses and a notary public. After execution, the deed must be recorded at the county Clerk of Courts where the property is located. Recording fees are $10 for the first page and $8.50 for each additional page. Documentary stamp tax is also due: $0.70 per $100 of consideration. A title company or real estate attorney can prepare and record a quitclaim deed for approximately $150–$400.
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