What Is a Quit Claim Deed in Florida? A Guide by Orlando Real Estate Attorney Joe Taormina
- jvtaormina
- May 14
- 4 min read
W
hen it comes to transferring real estate in Florida, one legal tool often used between family members, divorcing spouses, or in estate planning is the quit claim deed. But how does a quit claim deed work, and when is it appropriate to use one?
In this article, Orlando real estate attorney Joe Taormina of Taormina Law explains the basics of quit claim deeds, how they differ from other types of deeds, and what you should know before signing or accepting one in Florida.
What Is a Quit Claim Deed?
A quit claim deed is a legal document used to transfer ownership or interest in real property from one party (the “grantor”) to another (the “grantee”) without making any guarantees about the title. In simpler terms, the person signing the quit claim deed is giving up any rights they may have in the property — but they aren’t promising they legally own it or that the title is clear of liens or claims.
This type of deed is commonly used when:
Transferring property between family members
Removing a spouse from a deed after divorce
Adding a spouse to a property title
Transferring property into a trust or business entity
Gifting property
Quit Claim Deeds vs. Warranty Deeds
Many people confuse quit claim deeds with warranty deeds, but they serve different purposes. A warranty deed includes a guarantee from the seller that they own the property free and clear and are transferring it with no legal encumbrances. A quit claim deed, by contrast, comes with no such promise.
If you’re buying property from someone you don’t know well, or in a traditional real estate sale, a quit claim deed is usually not appropriate.
Are Quit Claim Deeds Legal in Florida?
Yes, quit claim deeds are legal in Florida and commonly used. However, the deed must be executed and recorded properly to be valid. This includes:
Being signed in front of two witnesses
Being notarized
Being recorded with the Clerk of Court in the county where the property is located
Improperly executed deeds can cause title issues down the line.
Risks of Using a Quit Claim Deed
While quick and inexpensive, quit claim deeds come with risks. Because they offer no title protection, you could be accepting a property with liens, back taxes, or other legal problems — and you may have little recourse.
That’s why Attorney Joe Taormina, an experienced Orlando real estate attorney, recommends consulting with a qualified attorney before signing or accepting a quit claim deed.
Common Scenarios for Quit Claim Deeds in Florida
At Taormina Law, we often help clients with quit claim deeds in the following situations:
Divorce Settlements: Transferring the marital home to one spouse
Estate Planning: Adding children to a deed as part of legacy planning
Business Transfers: Moving property into an LLC or trust
Correcting Title Issues: Fixing errors in prior deeds or name changes
The Risks of Using a Quit Claim Deed
Because quit claim deeds do not guarantee clear title, they can be risky in certain situations.
“People often think a quit claim deed is just a simple form, but if it’s done incorrectly, it can create legal problems down the road,” explains Attorney Joe Taormina of Taormina Law in Orlando.
Some risks include:
Unclear title or existing liens
Unintended tax consequences
Improper drafting that could void the deed
Why You Should Hire an Orlando Real Estate Attorney
While quit claim deeds might seem simple, legal guidance ensures they’re done correctly—and that you're not unknowingly giving up your rights or taking on hidden liabilities.
An attorney can:
Conduct a title search
Draft or review the deed
Record the deed with the appropriate county
Advise you on estate planning implications
Attorney Joe Taormina at Taormina Law has extensive experience handling quit claim deeds in Florida, and will make sure your interests are protected at every step.
How to File a Quit Claim Deed in Florida
Here’s a simplified process:
Prepare the deed: Using accurate legal descriptions.
Sign with witnesses and notary: Florida requires two witnesses and notarization.
Record with the county clerk: Must be filed in the county where the property is located.
Pay transfer taxes: Even if no money is exchanged, Florida may require documentary stamp taxes.
💡 Pro Tip: Always keep a copy of the recorded deed for your records.
Common Questions About Quit Claim Deeds
❓ Can a quit claim deed be reversed?
Only if the grantee agrees and signs a new deed returning the property.
❓ Does a quit claim deed affect the mortgage?
No. The mortgage remains in the original borrower’s name unless refinanced.
❓ Can I use a quit claim deed to avoid probate?
Rather than a Quit Claim Deed, you would better served to use a Ladybird Deed to avoid probate.
Contact an Experienced Orlando Real Estate Attorney
If you’re considering using a quit claim deed in Florida, don’t take unnecessary risks. Attorney Joe Taormina at Taormina Law can help you understand your options, avoid costly mistakes, and ensure the transfer is legally sound.
📞 Contact Taormina Law today to schedule a consultation with an experienced Orlando real estate attorney.
Taormina Law, P.A.📍 Serving Orlando and all of Central Florida🔗 www.TaorminaLawPA.com
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