Free Florida Quitclaim Deed Form

Understanding The Fundamentals of the Quitclaim Deed in Florida

Would you like to gift a loved one by transferring your interests in real property to them? Here’s an idea, legalize or officiate the transfer of your rights/ interests using a quitclaim deed!

What is a quitclaim deed?

This deed refers to a legal instrument that recognizes the transfer of interests for real property from one party to another. The person transferring their interests to another is the grantor while the person or the entity that receives the transferred interests in real property is the grantee. This legal instrument is also referred to as a quitclaim deed form, a non-warranty deed, or a quitclaim. Though you might have heard some people referring to this document as a quick claim deed, often because of how fast the document facilitates the transfer of interests in property, that is not its name it is the misspelled version of the deed.

Note that while the quitclaim facilitates the transfer of real property interests/rights to a grantee, it does that without warranty of title. In simple terms, this means that the grantee does not get any warranty of ownership of the property by the grantor, and if issues arise with the title, then the grantee is out of luck. For this reason, the use of the quitclaim is only recommended among family members or parties that trust each other.

The difference between a quitclaim and a warranty deed

In your understanding and use of the quitclaim, you will realize that this document looks like other title deeds, especially the general warranty deed and the special warranty deed. However, these three documents differ in that while the two warranty deeds offer a warranty of title, the quitclaim doesn’t. In simple terms, the quitclaim is signed but the grantor does not make any assurances on ownership or liens on the property, and the grantee takes whatever is offered by the grantor. In this case, the grantor is not held liable for any defect on the title.

The warranty deeds, on the other hand, differ significantly from the non-warranty deed in that warranty deed comes with a warranty of title. In this case, the grantor will guarantee that they have a clear title to the property whose interests are transferred. A clear title is a title without any issues, and title issues include public records errors on the title and other issues like unknown liens, forged deeds, conveyance issues, property boundary issues or unprobated wills, among others. Often, these title issues can only be resolved via legal action, and the worst bit is that they affect the value of the property downwards. A warranty of title would, therefore, be deemed as the legal guarantee from the grantor to the grantee noting that the title has no issues. The warranty is largely missing from the quitclaim.

The uses of the quitclaim

  • Having established that the non-warranty deed is best used between parties that trust each other, here are some of the uses of the instrument:

    • The removal or the addition of an individual to a property deed

    • The transfer of property between members of a family, often the property of the deceased

    • The transfer of property to children from parents

    • Transfer of property into a living trust

    • Gifting property to a loved one, only if the recipient doesn’t give any form of consideration for the ownership of the interests in the property

    • The transfer of real estate/ property from an individual or an entity to their partner or business.

    • The removal of an ex-spouse from a property deed following a divorce

Requirements for the validity of the quitclaim

  • For a valid quitclaim deed in Florida, there are specific requirements to be met by the parties to the deed. And for this, you should consider downloading a template of the deed. We recommend that you download the state-specific sample, in this case, the free Florida quitclaim deed form. This form has the specific elements to be filled out for the validity and the legality of the document. The free deed will also guide you on the requirements which you must meet. The requirements include:

    • The document should be prepared in the correct language

    • It must be in writing

    • The grantor has to sign the deed in the presence of at least two witnesses

    • And like the warranty deed, the document must also carry the exact date of the conveyance/ transfer of interests in the property, as well as the names, county of residence and mailing addresses of the grantor and also the grantee.

    • The document must also carry the property’s full legal description. The legal description being a detailed description of real property which would be enough to identify the real property legally. Often, this description will include the details of the property as they appear on the tax records and the street address that the property is located. The details might also include the survey or the subdivision details regarding the location of the property.

    • The parcel ID for the appraiser of the property with their social security number.

    • The statutes also note that for quitclaims involving marital homes, especially if the grantor is married, the document must be signed by both spouses for the conveyance of the property, even when one party owns the homestead.

    • The document must be recorded in the county public records. The deed should be in a 3”x3” format, it must have the name and the correct mailing address of the person preparing the document, and the grantor and the witness must sign it. Also, this deed should be acknowledged by the notary public or any other officer of the law allowed to administer and acknowledge oaths. Recording of the deed is essential in the preservation of the chain of title.

And there you have it – the basics of the quitclaim deed in Florida.

Whether your loved one is ready to sign a rental lease agreement or not, a quitclaim will come in handy in ensuring the transfer of your property rights/ interests. To get started in Orlando, Tampa, Miami, Jacksonville, Naples or any other city in Florida, download our free quitclaim form here now.