Quit Claim Deed Florida and How Does It Work?

By: ROS Team

Thinking about transferring property to a loved one in Florida? Whether it’s your beach house or your childhood home, a quitclaim deed might be the perfect solution. It’s a simple way to transfer ownership, but there’s more to it than meets the eye. Let’s dive in and see if a quitclaim deed is the right choice for your Florida property transfer!

What is a Quit Claim Deed?

A quit claim deed is a legal document that lets one person transfer their rights in a property to someone else. However, it does not give any promises about the property’s ownership status or history. The person transferring the rights makes no guarantees about things like debts or claims on the property.

Quit claim deeds are commonly used, between family members. They are also used to fix problems with a property’s title or in divorce cases. This type of deed offers an easy way to transfer ownership rights without complicated legal assurances.

Florida Quit Claim Deed Requirements

In Florida, a Quit Claim Deed must meet the following requirements:

You need the full legal names clearly listed. This applies to both the Grantor (the person giving up the property) and the Grantee (the person receiving it).
A detailed description of the property is essential. This includes the full legal description – not just the address.
The document must be filled out correctly. It has to follow all the rules for deeds in Florida.
The Grantor’s signature is mandatory. They must personally sign the deed.
You require signatures from two independent witnesses. These witnesses cannot be involved in the property transfer.
The deed must be notarized, meaning a notary public licensed in the jurisdiction where the deed is being signed must stamp and sign it, verifying the identities of the Grantor and the witnesses.

How to File a Quit Claim Deed in Florida?

To file a quitclaim deed Florida, follow these steps:

Complete the Quitclaim Deed Form: Enter the relevant information on the form, including the legal names and addresses of the Grantor, Grantee, and witnesses, as well as a detailed description of the property being transferred.

Sign the Deed: The deed should be signed by the Grantor in the space above their name. In case the property is the Grantor’s homestead and the Grantor is married, both the Grantor and their spouse must sign the deed, even if only one of the spouses is on the title.

Witnesses and Notary: The deed must be signed by two independent witnesses and notarized by a notary public. The notary will verify the identities of the Grantor and the witnesses and add their stamp and signature.

Record the Deed: Deliver the signed, witnessed, and notarized quitclaim deed to the county comptroller’s office in the county where the property is located.

Pay Recording Fees: Pay the required recording fee. Note that if there is a mortgage on the property, expect additional fees and transfer taxes.

Official Recording: The comptroller’s office will record the deed in the county’s official records and return the original deed to the Grantee. Recording the deed provides public notice of the change of ownership and ensures the transfer is established in the official chain of title, which is necessary for insuring title to future purchasers or mortgage lenders.

Where Can I Get Quit Claim Deed Forms?

To get quit claim deed Florida form, you can visit these links:

Can You Transfer Property with a Quitclaim Deed if You Have a Mortgage?

Yes, you can use a quitclaim deed to transfer property even if there’s a mortgage on it. However, the mortgage will remain in the name of the person transferring the property (the Grantor). The person receiving the property (the Grantee) will take ownership with the existing mortgage in place.

The Grantor is still responsible for making the mortgage payments unless the lender agrees to a different arrangement. It’s very important to inform the lender about the property transfer. The lender may have the right to demand full repayment of the loan when the property changes ownership.

Cost of a Quitclaim Deed in Florida

Getting a quitclaim deed Florida involves different costs. First, there is a preparation fee for drafting the deed document. This fee is typically between $200 and $500 if you hire an attorney. Next, you need to pay a recording fee when submitting the deed to the county office. The recording fee is usually around $10 per page of the document. Additionally, you must pay documentary stamp taxes based on the value of the property. The tax rate is $0.70 for every $100 of the property’s worth.

Is There Any Drawback of Using a Quit Claim Deed?

The main drawback of a quitclaim deed is that it offers no guarantee of a clear title. This means you might inherit any unknown liens or ownership issues on the property.

Quitclaim Deed vs. Warranty Deed: What’s the Difference?

Warranty deeds will give you peace of mind. They contain the seller’s promise that the title is clear and they will be responsible for the problems, while quitclaim deeds are just the transfer of ownership with no warranties.

Does a Quitclaim Deed Give You Ownership?

A quitclaim deed can give you ownership of a property. However, this type of deed does not ensure you get a clear title. You only receive whatever rights the previous owner had. This means any issues with the property become your responsibility too.