Florida Quitclaim Deed Forms
Florida Quitclaim Deed Forms
A Florida quitclaim deed is a legal document used to transfer interest in real property from one party (the grantor) to another party (the grantee) without making any warranties or guarantees about the quality of the title. Unlike warranty deeds that promise clear ownership, Florida quitclaim deeds simply convey whatever interest the grantor has in the property - if any - with absolutely no guarantees, representations, or promises about the property's title status.
Florida Quitclaim Deed Forms - Download Now
Florida quitclaim deeds are among the most commonly used property transfer documents in the Sunshine State, particularly valued for their simplicity and efficiency in transfers between family members, divorce settlements, trust administration, and title corrections. Understanding how to properly complete, execute, and record a Florida quitclaim deed form is essential for anyone involved in property transfers throughout Florida.
Florida law governing quitclaim deeds is found primarily in Florida Statutes Chapter 689, which establishes the requirements for valid real estate transfers and the legal effect of quitclaim deed language. These statutory provisions ensure that property transfers are properly documented and recorded in Florida's public records.
Family Property Transfers:
Adding or removing a spouse from property title
Transferring real estate to children or grandchildren
Gifts of property between family members
Transferring property between parents and adult children
Estate equalization among heirs
Interfamily real estate planning
Divorce and Legal Separation:
Transferring one spouse's interest to the other spouse
Implementing divorce decree property divisions
Removing ex-spouse from title after divorce finalization
Marital settlement agreement property transfers
Post-divorce title cleanup
Estate Planning and Trust Administration:
Moving property into revocable living trusts
Transferring real estate out of trusts
Facilitating trustee changes
Implementing trust distribution terms
Coordinating with Lady Bird deeds (enhanced life estate deeds)
Title Corrections and Clarifications:
Fixing name misspellings on previous deeds
Correcting legal descriptions
Adding or removing middle names or suffixes
Clearing up title clouds or defects
Resolving boundary discrepancies
Correcting vesting errors
Real Estate Investment and Business:
Transferring property between related LLCs
Partnership property distributions
Corporate reorganizations
Asset protection strategies
Quick property flips between entities
To create a valid quitclaim deed in Florida, you must comply with specific statutory requirements outlined in Florida law.
1. Written Document: Florida Statute §689.01 requires all conveyances of real property to be in writing. Oral property transfer agreements are unenforceable under Florida law.
2. Proper Parties:
Grantor: The current owner transferring the property (must be of legal age and legally competent)
Grantee: The person or entity receiving the property (clearly identified with full legal name)
3. Adequate Consideration: Florida requires "consideration" (something of value exchanged):
Monetary payment (actual purchase price)
"Love and affection" for family transfers
"$10.00 and other good and valuable consideration"
Assumption of debt or obligations
Exchange of other property
4. Complete Legal Description: The deed must include an accurate and complete legal description of the property, typically found on:
Previous deed
Property tax statement
Title insurance policy
County property appraiser records
Survey documents
5. Granting Clause: Specific language conveying the property, such as "conveys and quitclaims" or "remises, releases and quitclaims."
6. Property Identification:
Property address (street address)
County where property is located
Folio number or parcel identification number
7. Signature Requirements:
Grantor must sign the deed
Grantee signature is NOT required in Florida
If married and property is homestead, spouse must sign to waive homestead rights
Signature must be witnessed and acknowledged (notarized)
8. Two Witnesses: Florida Statute §689.01 requires two witnesses to the grantor's signature in addition to notarization.
9. Notarization: The grantor's signature must be acknowledged before a Florida notary public or other authorized official.
10. Documentary Stamp Tax: Florida requires documentary stamp taxes on most property transfers, paid to the clerk of court at recording.
11. Recording: File with the clerk of the circuit court (official records) in the county where the property is located.
Completing a Florida quitclaim deed form correctly is crucial to ensure a valid transfer. Here's a comprehensive step-by-step guide:
Using a proper Florida quitclaim deed template is essential. Generic forms downloaded from random websites may not comply with Florida recording requirements or include necessary statutory language.
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Prepared By: Florida requires the name and address of the person who prepared the deed:
Your name (if you prepared it yourself)
Attorney name and bar number (if attorney prepared)
Complete mailing address
Return To: Include the name and address where the recorded deed should be returned after recording.
Begin with a statement of consideration:
Examples:
Monetary Consideration: "THIS INDENTURE, made this _____ day of _______, 20, between [Grantor name], hereinafter called the Grantor, and [Grantee name], hereinafter called the Grantee, for and in consideration of the sum of Two Hundred Thousand Dollars ($200,000.00)..."
Family Transfer: "...for and in consideration of Ten Dollars ($10.00), love and affection, and other good and valuable consideration..."
Nominal Consideration: "...for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration..."
Enter the complete legal name(s) of the current owner(s) exactly as they appear on the current deed:
Examples:
Single Owner: "Robert James Anderson, a single man, whose post office address is 123 Ocean Drive, Miami Beach, Florida 33139"
Married Couple: "Michael David Thompson and Jennifer Lynn Thompson, husband and wife, whose post office address is 456 Palm Avenue, Tampa, Florida 33602"
Divorced Individual: "Sarah Marie Johnson, formerly known as Sarah Marie Williams, a single woman, whose post office address is..."
Trust as Grantor: "The Martinez Family Trust dated January 15, 2024, Maria Martinez, Trustee, whose post office address is..."
Critical: Match the grantor name(s) exactly to the current deed to maintain chain of title.
Enter the complete legal name(s) of the person(s) or entity receiving the property and specify how they will hold title:
Florida Ownership Options:
1. Sole Ownership: "Christopher David Lee, a single man, whose post office address is 789 Gulf Boulevard, Clearwater, Florida 33767"
2. Tenancy by the Entireties (Married Couples Only): "Daniel Patrick O'Brien and Kathleen Marie O'Brien, husband and wife, whose post office address is..."
Characteristics:
Automatic right of survivorship
Only available to married couples in Florida
Creditor protection (creditors of one spouse generally cannot reach property)
Cannot be severed by one spouse acting alone
Most common form of ownership for married couples in Florida
3. Joint Tenancy with Right of Survivorship: "Amanda Grace Taylor and Rebecca Lynn Foster, as joint tenants with right of survivorship and not as tenants in common, whose post office address is..."
Characteristics:
Automatic right of survivorship
Equal ownership interests required
Can be used by any parties (not just married couples)
Must explicitly state "with right of survivorship"
4. Tenants in Common: "David Michael Brown as to an undivided 60% interest, and Elizabeth Ann Martinez as to an undivided 40% interest, as tenants in common, whose post office address is..."
Characteristics:
Ownership shares can be unequal
No automatic right of survivorship
Each owner's interest passes through their estate
Default vesting if no type specified
5. Trust as Grantee: "The Wilson Family Trust dated March 1, 2025, Thomas Wilson and Mary Wilson, Co-Trustees, whose post office address is..."
Florida quitclaim deeds use specific statutory language:
Standard Florida Quitclaim Language:
"DO HEREBY REMISE, RELEASE, AND FOREVER QUITCLAIM unto the said Grantee all the right, title, and interest of the Grantor in and to the following described real property located in [County Name] County, Florida:"
OR
"HEREBY CONVEY AND QUITCLAIM to Grantee all right, title, and interest in and to the following real property:"
This language is critical - it identifies the deed as a quitclaim and signals no warranties are provided.
Copy the legal description exactly from your current deed or other official source:
Common Florida Legal Description Formats:
Platted Property (Subdivision): "Lot 23, Block 5, PALM BEACH ESTATES, according to the plat thereof as recorded in Plat Book 45, Page 67, of the Public Records of Palm Beach County, Florida."
Unplatted Property (Section, Township, Range): "The South 1/2 of the Northeast 1/4 of Section 12, Township 25 South, Range 19 East, Broward County, Florida."
Condominium: "Unit 405, Building 3, OCEANVIEW CONDOMINIUMS, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3456, Page 789, of the Public Records of Miami-Dade County, Florida, together with an undivided interest in the common elements appurtenant thereto."
Metes and Bounds: "That part of Section 24, Township 27 South, Range 20 East, Collier County, Florida, described as follows: Commence at the Southeast corner of said Section 24; thence North 00°15'30" West along the East line of said Section..."
Critical: Even minor errors in the legal description can invalidate the deed or transfer the wrong property.
After the legal description, include:
Property Address: "Property Address: 1234 Sunset Drive, Fort Lauderdale, Florida 33301"
Folio/Parcel Number: "Folio Number: 50-43-21-12-00-0123.4567"
County: "Situated in Broward County, Florida"
If the property is the grantor's homestead (primary residence), include:
Florida Homestead Waiver: "The undersigned spouse of Grantor hereby joins in the execution of this deed for the purpose of waiving, releasing and relinquishing all rights of homestead and dower in and to the above-described property."
Both spouses must sign if married, even if only one spouse is on title, to effectively waive homestead rights.
Signed, Sealed and Delivered in the Presence of:
Florida requires two witnesses to watch the grantor sign:
_________________________________
Witness #1 Signature
_________________________________
Witness #1 Printed Name
Address:
_________________________________
Witness #2 Signature
_________________________________
Witness #2 Printed Name
Address:
_________________________________
[Grantor Name], Grantor
_________________________________
[Spouse Name], Spouse (if applicable)
Important: Both witnesses must be present and watch the grantor sign the deed.
Florida requires proper notarial acknowledgment using Florida statutory form:
Florida Acknowledgment Format:
STATE OF FLORIDA
COUNTY OF [County Name]
The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this _____ day of __________, 20___, by [Grantor Name], who is personally known to me or who has produced _________________ as identification.
_________________________________
Signature of Notary Public
_________________________________
Print, Type, or Stamp Name of Notary Public
[Notary Seal] Notary Public, State of Florida
My Commission Expires: __________
Commission Number: __________
Critical: Florida notaries must use proper Florida acknowledgment language and include their commission number and expiration date.
Florida requires documentary stamp taxes on most real estate transfers:
Florida Documentary Stamp Tax Rate:
$0.70 per $100 of consideration (or fraction thereof)
Calculated on the greater of: actual consideration OR outstanding mortgage balance
Example Calculations:
Full Purchase:
Purchase price: $300,000
Tax: $300,000 ÷ 100 = 3,000 × $0.70 = $2,100
Transfer with Existing Mortgage:
Purchase price: $150,000
Existing mortgage: $250,000
Tax based on: $250,000 (higher amount)
Tax: $250,000 ÷ 100 = 2,500 × $0.70 = $1,750
Exemptions: Certain transfers are exempt from documentary stamp tax:
Transfers between spouses
Transfers for no consideration (gifts to family)
Certain trust transfers
Transfers pursuant to court order
Corrective deeds
While a properly executed quitclaim deed transfers ownership between parties upon delivery, recording provides crucial legal protections:
Legal Protections:
Establishes priority in chain of title
Provides constructive notice to the public
Protects against subsequent conflicting transfers
Creates official public record of ownership
Defends against fraudulent claims by grantor
Required for most practical purposes
Practical Benefits:
Proof of ownership for refinancing
Documentation for property tax purposes
Evidence for insurance claims
Required for future property sales
Protects grantee's interest
Record your quitclaim deed with the Clerk of the Circuit Court (Official Records) in the county where the property is located.
Major Florida County Clerk Offices:
Miami-Dade County Clerk (Miami area)
Broward County Clerk (Fort Lauderdale area)
Palm Beach County Clerk (West Palm Beach area)
Hillsborough County Clerk (Tampa area)
Orange County Clerk (Orlando area)
Pinellas County Clerk (St. Petersburg, Clearwater area)
Duval County Clerk (Jacksonville area)
Lee County Clerk (Fort Myers area)
Polk County Clerk (Lakeland area)
Volusia County Clerk (Daytona Beach area)
Sarasota County Clerk
Seminole County Clerk (Sanford area)
Brevard County Clerk (Melbourne, Cocoa area)
Pasco County Clerk
Marion County Clerk (Ocala area)
Recording fees vary by county but generally include:
Typical Fees (2025):
First page: $10-$15
Each additional page: $8.50-$10
Documentary stamp tax: $0.70 per $100 of consideration
Intangible tax (if applicable): $0.002 per dollar of new mortgage
Example Total Cost:
3-page deed: $30
Documentary stamp tax on $250,000: $1,750
Total: $1,780
Note: Documentary stamp tax is often the largest component of recording costs in Florida.
1. Original Quitclaim Deed
Properly executed with original signatures
Signed by two witnesses
Properly notarized with notary seal
All pages included
2. Payment for Fees
Documentary stamp tax payment
Recording fees
Check, money order, or cash (varies by county)
Some counties accept credit cards (with processing fees)
3. Return Envelope (Optional)
Self-addressed stamped envelope
For return of recorded original
Include sufficient postage
In-Person Recording:
Visit clerk of circuit court during business hours
Bring original signed, witnessed, and notarized deed
Bring payment for recording fees and documentary stamp tax
Submit at recording window
Obtain recording receipt with book and page or CFN number
Request certified copy (recommended)
Mail Recording:
Prepare cover letter with instructions
Include original deed
Include check for recording fees and documentary stamp tax
Include self-addressed stamped envelope for return
Mail to clerk of circuit court
Allow 2-4 weeks for processing
E-Recording (Where Available): Many Florida counties now accept electronic recording:
Faster processing (often same-day or next-day)
Immediate notification of recording
Must use approved e-recording vendor
Check county website for availability
Popular vendors: Simplifile, CSC
The clerk of circuit court will:
Review document for compliance with recording requirements
Stamp with official recording information (book and page or CFN)
Index in public records by grantor and grantee names
Make document available for public searches
Return recorded original or certified copy to address provided
Important: Keep your recorded deed in a safe place and provide copies to relevant parties (attorney, title company, mortgage lender if applicable).
Many websites offer free Florida quitclaim deed PDF downloads. However, free templates often have significant drawbacks:
Risks of Free Downloads:
May not comply with current Florida law
Often lack state-specific requirements
Typically missing crucial instructions
No guidance on documentary stamp tax calculations
No witness requirement explanations
Potential recording rejections
No professional support if questions arise
May not be updated for law changes
Missing homestead waiver language
For just $10, get professionally prepared Florida quitclaim deed forms that provide comprehensive protection and guidance:
What's Included:
Current Florida statutory compliance (Chapter 689)
Proper Florida witness and notarization requirements
Detailed step-by-step completion instructions
Documentary stamp tax calculation guidance
Recording requirements for all 67 Florida counties
Sample completed deeds
Homestead waiver language
Downloadable PDF and editable Word formats
Instant access after purchase
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Florida's homestead protections are among the strongest in the nation, enshrined in the Florida Constitution.
Homestead Benefits:
Exemption from creditors (with limited exceptions)
Property tax exemptions (up to $50,000)
Protection from forced sale
Restrictions on devise (cannot will away from spouse/minor children)
Homestead and Quitclaim Deeds: If the property is the grantor's homestead, spouse MUST sign the quitclaim deed to effectively waive homestead rights, even if the spouse is not on title.
Florida Constitution Article X, Section 4: Requires joinder of spouse for any alienation of homestead property.
Save Our Homes Cap: Florida's Save Our Homes amendment limits annual assessment increases to 3% or CPI (whichever is less) for homestead property.
Transfer and Reassessment: Unlike California's Proposition 13, Florida does not automatically reassess property to market value upon most transfers:
Portability: Homestead assessment difference can be transferred to new homestead within two years.
New Owner: Must apply for homestead exemption with property appraiser by March 1st to receive exemption for that year.
Free quitclaim deed downloads may not comply with Florida requirements:
Risks:
Missing two-witness requirement
Incorrect Florida acknowledgment language
No homestead waiver provision
Improper format for recording
Missing documentary stamp tax guidance
Solution: Use Florida-specific forms prepared for Florida law. Get proper Florida forms for only $10: Download Now
Even minor errors can create major problems:
Common Errors:
Typos in lot or block numbers
Wrong plat book or page references
Incorrect section, township, or range
Missing condominium declaration reference
Wrong county
Consequences:
Transfers wrong property or no property
Creates title gaps
Recording rejection
Expensive corrections needed
Potential litigation
Solution: Copy legal description exactly from current deed. Never paraphrase or abbreviate.
Florida requires TWO witnesses in addition to notarization:
The Problem: Many people familiar with other states' requirements forget Florida's unique two-witness requirement.
Consequences:
Deed is invalid
Recording may be accepted but transfer won't be effective
Must re-execute entire deed
Solution: Always have two witnesses watch grantor sign, then have them sign the deed before notarization.
If property is homestead and grantor is married:
The Problem: If spouse doesn't sign, spouse retains homestead interest even after transfer.
Result:
Grantee doesn't receive clear title
Spouse must later execute release
Title insurance problems
Cannot sell or refinance easily
Solution: If property is homestead (primary residence), both spouses must sign deed and homestead waiver.
Common Errors:
Calculating on wrong amount
Not considering existing mortgage balance
Mathematical errors
Claiming wrong exemption
Consequences:
Penalties and interest
Recording delays
Clerk inquiries
Potential audit
Solution: Carefully calculate documentary stamp tax using $0.70 per $100 formula. Consider existing liens. Verify exemption claims.
Florida has specific notarization requirements:
Common Problems:
Expired notary commission
Missing notary seal
Wrong acknowledgment form (not Florida statutory form)
Notary commission number not included
Notary didn't witness signature
Consequences:
Recording rejection
Invalid deed
Must re-execute entire deed
Solution: Use Florida notary public with current commission and proper Florida statutory acknowledgment form.
Quitclaim deeds do NOT:
Remove liens or mortgages
Resolve boundary disputes
Clear title defects
Provide any warranties
Create ownership if grantor has none
Solution: Obtain title search before accepting quitclaim deed. Address any title issues separately.
Florida's tenancy by the entireties is unique:
The Rule: Only available to married couples. Provides significant creditor protection - creditors of one spouse generally cannot reach property.
Common Mistake: Not specifying "as husband and wife" or "as tenants by the entireties," resulting in different ownership type.
Solution: For married couples, explicitly state "husband and wife" or "tenants by the entireties" to ensure this valuable protection.
Transferring property with existing mortgage:
Issues:
Quitclaim deed doesn't remove mortgage
Due-on-sale clause may be triggered
Original borrower still liable
Lender may demand full payment
Solution:
Review mortgage documents
Contact lender before transfer
Consider formal assumption
Understand continuing liability
Buyers purchasing from strangers should NOT accept quitclaim deeds:
Why:
No warranties or protections
Title may be defective
Liens may exist
Prior transfers may exist
Title insurance difficult to obtain
Solution: For purchase transactions, insist on warranty deed with title insurance. Save quitclaim deeds for family transfers and known situations.
A properly formatted Florida quitclaim deed PDF should include:
Required Content:
Preparer information
Return address
Consideration statement
Grantor identification with address
Grantee identification with vesting and address
Granting/quitclaim clause
Complete legal description
Property address
Folio number
County identification
Homestead waiver (if applicable)
Signature lines for grantor(s)
Two witness signature lines
Florida notary acknowledgment
Documentary stamp tax notation area
Professional templates include:
Fillable PDF format
Editable Word document format
Step-by-step instructions
Sample completed deed
Documentary stamp tax worksheet
Recording instructions by county
Homestead waiver guidance
Get professional Florida quitclaim deed template for only $10: Download Template Now
Process:
Obtain current deed showing your sole ownership
Prepare quitclaim deed from yourself to you and your spouse
Example: "John Smith, a married man" to "John Smith and Mary Smith, husband and wife"
Both spouses sign (homestead waiver)
Two witnesses watch and sign
Notarize
Record with clerk of circuit court
Benefits:
Creates tenancy by the entireties
Provides creditor protection
Automatic right of survivorship
Simple estate planning tool
May be exempt from documentary stamp tax (gift between spouses)
Process:
Obtain certified copy of final judgment of dissolution
Prepare quitclaim deed from both spouses to one spouse
Both parties execute with two witnesses and notary (or per court order)
Record deed
Pay documentary stamp tax (may be exempt per court order)
Important: Verify final judgment addresses property division. Follow court order exactly.
Process:
Determine desired ownership structure
Prepare quitclaim deed to family members
Specify ownership type (tenants in common, joint tenants, etc.)
Execute with two witnesses and notary
Record deed
Pay documentary stamp tax (may be exempt as gift)
Considerations:
May be exempt from documentary stamp tax as gift
Consider federal gift tax implications
Property tax reassessment unlikely in Florida
Capital gains basis considerations (carryover basis vs. stepped-up)
Alternative: Consider Lady Bird deed (enhanced life estate deed) which allows you to retain control while avoiding probate. Different product, different benefits.
Process:
Prepare quitclaim deed from individual to trustee
Name trustee properly: "John Smith, as Trustee of the Smith Family Trust dated January 1, 2025"
Execute with two witnesses and notary
Record deed
Documentary stamp tax typically applies (consult tax professional for exemptions)
Benefits:
Avoids probate
Facilitates trust administration
Maintains privacy
Simplifies estate planning
Coordinates with overall estate plan
Process:
Identify error on existing deed
Prepare corrective quitclaim deed
Reference original deed by official records book and page or CFN
State purpose: "Corrective deed to correct [description of error]"
Execute and record
May be exempt from documentary stamp tax as corrective deed
Common Corrections:
Name misspellings
Incorrect middle initials
Wrong legal description
Missing suffixes (Jr., Sr., III)
Vesting errors
Before recording your Florida quitclaim deed, verify:
Document Preparation:
[ ] Florida-specific quitclaim deed form used
[ ] Preparer information completed
[ ] Return address included
[ ] Consideration stated
[ ] Grantor name(s) exactly match current deed
[ ] Grantor address included
[ ] Grantee name(s) complete and correct
[ ] Grantee vesting specified correctly
[ ] Grantee address included
[ ] Granting/quitclaim clause included
[ ] Legal description copied exactly
[ ] Property address included
[ ] Folio number included
[ ] County identified
[ ] Homestead waiver included (if applicable)
Execution:
[ ] Two witnesses present
[ ] Witnesses watched grantor sign
[ ] Both witnesses signed
[ ] Grantor(s) signed
[ ] Spouse signed if homestead property
[ ] Valid government ID available for notary
[ ] Florida acknowledgment form used
[ ] Notary seal affixed
[ ] Notary commission current and noted
[ ] Notary commission number included
Recording Preparation:
[ ] Original signed, witnessed, and notarized deed
[ ] Documentary stamp tax calculated
[ ] Payment for recording fees and taxes ready
[ ] Return envelope prepared (optional)
[ ] Contact information for questions
Post-Recording:
[ ] Obtain recorded deed or certified copy
[ ] Copy stored in safe place
[ ] Copy provided to grantee
[ ] Copy with important documents
[ ] Title insurance notified (if applicable)
[ ] Homeowners insurance updated
[ ] Property appraiser notified (for homestead exemption if applicable)
Yes, free quitclaim deed forms are available online. However, free downloads often lack current Florida requirements, detailed instructions, and documentary stamp tax guidance.
For only $10, get professionally prepared forms with everything you need: Download Florida Quitclaim Deed Forms
Florida law doesn't require attorney involvement for quitclaim deeds. Many property owners successfully prepare quitclaim deeds without attorneys using proper forms and instructions.
Attorney Recommended For:
Complex situations
Valuable properties
Unclear ownership issues
Business entity transfers
Tax planning concerns
DIY Appropriate For:
Simple family transfers
Adding spouse to title
Trust transfers
Straightforward situations
Need Florida Warranty Deeds or Special Warranty Deeds? We have those as well!
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📞 Document (Deed Preparation) or Mobile Notary Services: Call 1-877-540-6104 for professional notarization at your location