Florida Quitclaim Deed Form

Last Updated: December 2, 2023 by Rukshani Lye

Florida Quitclaim Deed Template_1 on iPropertyManagement.com

What is a Quitclaim Deed in Florida?

A Quitclaim Deed in Florida is a method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”). Quitclaim deeds are a quick way to transfer property, yet, they provide the lowest level of security among real estate deeds in Florida.

The most common use of quitclaim deeds is between two parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Florida?

The main difference between a quitclaim deed and warranty deeds in Florida lies in the level of protection they offer to the Grantee over the property’s title.

Florida offers two types of warranty deeds: General warranty deeds and Limited warranty deeds.

1. Warranty Deed

In Florida, a general warranty deed provides complete assurance from the current owner that the deed is free from issues.

2. Special Warranty Deed

A special warranty deed in Florida provides only a limited assurance. The current owner assures that there have been no issues with the title during their period of ownership.

In Florida, a quitclaim deed does not provide any assurances that the deed is free from defects. Both general warranty and limited warranty deeds provide some assurance that the property does not have conflicts in ownership. A quitclaim deed will only transfer the owner’s interest in the property.

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How Do Quitclaim Deeds Work in Florida?

State law ruling quitclaim deeds can be found in the Florida Statutes, Under Title XL Real and Personal Property, Chapter 689 and Chapter 695.  Quitclaim deeds are one of the ways to communicate the transfer of real property.

In Florida, a quitclaim deed must contain specific information, including the terms to which both parties agree.

Once the deed is executed, it must be filed with the Clerk of Court in the county where the property is located.

Can You  Prepare Your Own Quitclaim Deed in Florida?

A professional drafter is not legally required in Florida. If a drafter is used, it must be an individual, not a business. Their name and address must be included in the deed.

Florida Quitclaim Deed Requirements

There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Florida.

Formatting Requirements.

Formatting requirements for quitclaim deeds in Florida include:

  1. A 3 x 3-inch margin should be on the top right corner for official use.
  2. A 1 x 3-inch margin in the top right corner for official use in all remaining pages.
  3. The document must be legibly typed or print-written.

Content Requirements.

Content requirements for quitclaim deeds in Florida include:

1. The Grantor’s and Grantee’s name and mailing address

2. Mailing addresses must be included immediately beneath signatures.

3. Drafter’s name and mailing address.

4. Date of execution.

5. The property address.

6. A legal description of property.

7. Consideration clause – The value or the amount of money exchanged.

8. Granting clause – A statement describing the transfer the parties have agreed to.

9. The Parcel ID number.

  • The Parcel ID or the folio number can be obtained at the county appraiser’s office.
  • If the Parcel ID Number is not available, then include a blank space for the number.

10. Homestead Statuts

    • If the Grantor is married, and the property is a homestead, both spouses must sign the deed.
    • If only one spouse is the official owner, the other spouse must waive these rights through a signed agreement.

    Who Signs a Quitclaim Deed in Florida?

    In Florida, the Grantor must sign the deed in the presence of two witnesses and a notary public. The name and mailing address of the Grantor should be directly below the signature.

    The names and mailing addresses of the two witnesses should also be directly below each signature. The name and mailing address of the notary must be directly beneath their signature, along with their official stamp.

    If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

    The notarization and witnesses can be completed online and electronically signed via audio-video communication technology.

    How to File a Quitclaim Deed in Florida

    Here’s how to file a quitclaim deed in Florida:

    1. Prepare the quitclaim deed with the information required.
    2. Ensure the Grantor signs the quitclaim deed in the presence of two witnesses; the signature must be authenticated by a Notary.
    3. If the quitclaim transfer qualifies to pay a transfer tax, the payment must be made at the superior court clerk where the deed is recorded.
    4. File the original deed in the office of the Clerk of the Court in the county where the property is located. In Florida, a transfer of property through quit claim deeds must be formally recorded in order to be deemed complete.

    How Much Does it Cost to File a Quitclaim Deed in Florida?

    Filing a quitclaim deed in Florida costs $10 for the first page and $8.50 for each extra page for documents printed on paper not more than 8½ x 14 (legal size).

    If the quitclaim deed is printed on paper larger than 8½” x 14″ (legal size),  additional filing will be charged.

    What Taxes Are Owed on Quitclaim Deeds in Florida?

    In Florida, the purchase of property using a quitclaim deed triggers two separate taxes. These taxes must be paid at the time of the transfer.

    1. Documentary Stamp Tax

    A Documentary stamp tax is levied on the transfer of real estate. The documentary stamp tax rate is $ 0.70 per $100 (or a portion thereof) of the total consideration paid.

    In Miami-Dade County, the Florida Documentary Stamp Tax rate is 0.6%. Miami-Dade County may also charge a surtax based on the type of dwelling.

    2. Tax on Mortgage

    In Florida, when the property is secured through a mortgage, two types of mortgage taxes are applicable:

    I. Documentary Stamp Tax

    The documentary tax is 35 cents for every $100 of the principal amount secured by the mortgage.

    II. Intangibles Tax

    The intangible tax is calculated at a rate of 2 mills, which is equal to 0.002 times the principal amount of the mortgage.

    Finally, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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    How Long Does a Quitclaim Deed Take to be Recorded in Florida?

    The length of time to record a quitclaim deed in Florida varies greatly depending on the processes, procedures, and population of each county. For example, Orange County takes seven to ten business days to record a deed.

    What Happens After a Quitclaim Deed is Recorded in Florida

    In Florida, once the quitclaim deed is signed and filed, the county will process the document, creating a public record of the transfer of ownership. If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.

    How Long Are Quitclaim Deeds Valid For in Florida?

    There is no expiration for quitclaim deeds in Florida. However, the statute of limitations for challenging a deed in Florida is 20 years from the date the deed was recorded with the county. However, if the claim is forgery, then there is no time limit to challenge the quitclaim deed. Under Florida law, a forged deed is void from the date of execution.