A quitclaim deed transfers whatever interest the signer has in a Florida property — with no warranties that the title is good. It’s best for transfers between people who trust each other: adding or removing a spouse, moving property into a trust or LLC, or fixing a title error. Never use one to buy property from a stranger.

How a Quitclaim Deed Works in Florida

A quitclaim deed says, in effect, “whatever I own, I give to you.” If the person signing (the grantor) holds clear title, the recipient (the grantee) gets clear title. If the grantor owns nothing — or owns a property riddled with liens — the grantee takes exactly that. Unlike a warranty deed, a quitclaim contains no promises about what is being conveyed.

Even a “simple” quitclaim must meet Florida’s formal requirements. Under section 689.01, Florida Statutes, a deed must be in writing, signed by the grantor in the presence of two subscribing witnesses, and notarized for recording. And under section 695.26, the clerk cannot record it unless names and addresses are printed beneath every signature — since January 1, 2024, that includes each witness’s post office address. A missed formality can invalidate the transfer or create a new title defect.

When a Quitclaim Deed Makes Sense

Quitclaim deeds shine in low-risk transfers where the parties already know the state of the title:

• Family transfers — adding a new spouse to the title, or gifting property to a child.
• Divorce — one spouse conveying their interest to the other under a settlement.
• Estate and business planning — moving property into a living trust or an LLC.
• Curing title defects — a quitclaim from someone with a stray, unreleased interest can clean up the chain of title.

One trap to avoid: if the property is your homestead and you are married, Article X, section 4(c) of the Florida Constitution requires your spouse to join in the deed — even if the spouse isn’t on the title. A missing spousal signature is itself a title defect.

The Risks: Why “Quick” Isn’t Always Good

Because a quitclaim carries no warranties, the grantee has no recourse against the grantor if a lien, judgment, or competing ownership claim surfaces later. Title insurers scrutinize quitclaim transfers, and a quitclaim in the chain of title can complicate a future sale.

Taxes are the other surprise. Florida’s documentary stamp tax applies to quitclaim deeds based on consideration — and consideration includes any mortgage balance on the property. Quitclaim a home with a $300,000 mortgage to a non-spouse and the state rate of $0.70 per $100 produces a $2,100 tax bill. A true no-consideration transfer of unmortgaged property owes only the minimum $0.70. Getting this wrong is one of the most common DIY deed mistakes we fix.

Quitclaim Deeds in Miami-Dade County

Quitclaim deeds for Miami property are recorded with the Miami-Dade Clerk of the Court and Comptroller’s Official Records — $10.00 for the first page and $8.50 for each additional page. Miami-Dade is also the one Florida county with its own documentary stamp rates: $0.60 per $100 of consideration, plus a $0.45 per $100 surtax on property other than a single-family residence. Arturo R. Alfonso P.A. has prepared and recorded deeds for Miami families in English and Spanish for over 35 years — if you’ve been searching for a real estate attorney near me to prepare a deed correctly the first time, we can usually turn one around in days.

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