What Is a Florida Quitclaim Human action?

A quitclaim human activity in Florida is a legal document that transfers whatever title that a grantor has in existent property to a grantee. If the grantor has adept and valid legal title, gratuitous and clear of all encumbrances, then the Florida quitclaim deed will transfer it. Even so, if the grantor does not have skilful title to the property, and so the quitclaim deed may exist ineffective.

The general rule of thumb is that you cannot transfer more than y'all have. In other words, if 1 attempts to transfer full legal championship to a slice of holding when they exercise non really have good legal title, then the act will be ineffective.

In Florida, quitclaim deeds are most often used to transfer belongings to one's family, LLC, or trust. For the sale of real manor, a warranty deed is more common.

Quick Summary

  • A quitclaim human action transfers all ownership from ane person or entity (grantor) to another (grantee).
  • A quitclaim only transfers whatever the grantor has. If the grantor has less than full legal championship, the quitclaim human activity cannot transfer more than that.
  • A quitclaim human action does not contain any warranties of title.

Florida Quitclaim Deed vs. Warranty Deed

Both a Florida quitclaim human action and a warranty deed transfer an ownership interest in holding to someone else. Withal, different a warranty deed, a quitclaim deed does not provide any guarantees, or warranty, that the grantor has adept, valid title to the belongings.

Because of the lack of guarantee, a quit claim human activity in Florida is typically used to transfer real property to a family member or one'due south ain LLC. Transfer of real manor betwixt unrelated people should almost never be done via quitclaim human activity.

The warranty deed comes with much more than inherent protection than the quit merits deed in Florida.

Get a Quitclaim Deed

For a flat fee, get an attorney consultation and preparation of your quitclaim deed. Nosotros assist people throughout Florida by phone and Zoom.

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How to File a Quitclaim Deed in Florida

To file, or tape, a quitclaim human activity, yous starting time take to enter the relevant details in a quitclaim deed form. In Florida, quitclaim deeds should accept the name and address of both the grantor (person giving the property) and the grantee (person receiving the property). There should also be a designation if the property is the homestead of the grantor.

Ensure to include spousal signatures if appropriate, even if the grantor's spouse does non own the property.

Then, you need to take the quitclaim deed to the canton comptroller's office for the canton where the property is located.

The comptroller's part volition charge you a small-scale fee for the recording. Yet, expect a larger fee if there is a mortgage on the property.

When you tape the quitclaim deed in Florida, the role will enter a re-create of the deed into the county's official records. The original will be returned to you.

Important: Make sure the quitclaim deed is properly drafted. Merely because the county accepts your document for recording does not hateful that the county reviews the deed for legal sufficiency.

Quit Claim Deed Rules and Requirements

In Florida, the requirements for a quit claim human activity are outlined by section 695.26 of Florida police every bit follows:

  • Proper name and accost of the person who prepared the deed.
  • Proper name and address of the grantor (person transferring the property)
  • Proper name and address of the grantee (person receiving the property)
  • Signature of the grantor (just not the grantee)
  • Signatures of 2 witnesses
  • Signature of a notary
Example of a completed Florida quit claim deed

Quit Claim Act Form

Several non-attorney form generator websites offer quit claim deed forms for buy subsequently entering in some basic information. These online services are cheaper than hiring an attorney.

An online form generator site could be a good idea if yous know exactly how a quit claim deed works and accept no questions that you need answered. All the same, some people discover that the additional price of having an attorney prepare a quit claim deed is worth information technology for the peace of mind that the human action is prepared properly then that there is an opportunity to ask the attorney any questions about the human activity.

Transferring Holding After Divorce With a Quitclaim Human activity

Frequently every bit part of a divorce judgment or marital settlement agreement, 1 ex-spouse must transfer or quitclaim their marital property to the other ex-spouse. This transferring of belongings is ofttimes done via a quitclaim deed.

The quitclaim deed transfers all interests that one spouse has in the property to the other spouse. In doing so, the transferring spouse complies with the terms of the divorce judgment.

Regardless of which spouse prepares the act, the human action must be signed by the transferring spouse. The receiving spouse does not demand to sign information technology.

Tip: County recording fees for quitclaim deeds are often less if being transferred pursuant to a divorce judgment.

Tin You Transfer Property with a Quitclaim Human activity if Yous Have a Mortgage?

You lot can ever use a quitclaim deed in Florida, fifty-fifty if you have a mortgage. However, the mortgage and the loan exercise non transfer with the quitclaim act.

In other words, the grantor volition still owe the lender on the mortgage fifty-fifty afterwards transferring the property. What's worse is that the lender could phone call the entire loan due if they detect that the grantor has transferred the property without first paying off the mortgage.

In many cases, however, the lender is unlikely to phone call the loan due or discover that the property has been transferred if the grantee nonetheless makes payments on the mortgage and if there is no escrow account.

A grantee can always refinance the debt or become their own loan to pay off the original mortgage debt.

Tin can Yous Make a Quit Claim Deed in Florida After Death?

You cannot make a quitclaim deed effective later your death. Once you fully execute a quitclaim deed, the intended result is immediate (although it still needs to be recorded).

Withal, a lady bird deed tin can oft achieve the same goal. With a lady bird act, the grantor keeps the property during the grantor'southward lifetime, with championship transferring to a grantee upon the owner's death.

Cost of a Quitclaim Deed in Florida

You lot do not have to be an attorney to set up a Florida quit claim deed. Without an chaser, your costs for the deed would only be the recording fees that the county comptroller charges.

If y'all have any concerns almost what you need to include in a quit claim act to brand it valid, you could rent an attorney to draft the human action for you. A typical fee volition be $200 to $300 for the training of the deed by an experienced chaser.

Quitclaim Deed FAQs

How does a quit claim deed piece of work in Florida?

A quitclaim human activity in Florida transfers whatever title the grantor has in real property to a grantee. No warranty is given with the transfer. If the grantee does not take good championship to the belongings, the grantee may finish up with nothing.

In one case the quitclaim human action is signed, the deed is recorded in the county public records.

Why would someone do a quit merits deed?

A quitclaim human activity is usually done when a person transfers real estate to their ain LLC or trust.

What are the disadvantages of a quit claim deed?

The disadvantage of a quit claim human activity is that information technology lacks all of the various warranties that come with a warranty deed. A tertiary party should never take real estate transferred via quit merits deed.

Does a quitclaim deed give you ownership?

A quitclaim deed transfers ownership of the property as long as the person signing the quitclaim act has proper buying. The quitclaim deed cannot transfer anything more than than the grantor has to brainstorm with.

If in that location are whatever issues with the championship while held by the grantor, the grantee will have those same issues.

Tin you lot sell your firm with just a quit merits deed?

While technically a property owner could sell their house with a quit merits human activity, it almost never happens. A title company and lender volition insist on the use of a warranty act.