A quitclaim deed is used to transfer or "quit" ownership of a property in Florida. Unlike a warranty deed, a quitclaim deed doesn't guarantee the title is clear. Quitclaim deeds are primarily used between close friends, relatives and former spouses. They can also be used to transfer property to a trust.
Florida quitclaim deeds must contain certain elements to make them valid. The quitclaim deed has to include:
- A statement listing the name and address of the person who prepared the deed
- A legal description of the property
- The property's tax parcel number
- The name of the grantor printed in the body of the deed
- The name of the grantee printed in the body of the deed
- The address of the grantor
- The address of the grantee
- A statement transferring interest from the grantor to the grantee
- The grantor's signature with the name printed underneath.
- Two witnesses for the grantor's signature
- A notary's acknowledgment
- A notary's signature and ink seal
Obtaining Deed Forms
Quitclaim deeds often are available at office supply and stationary stores. County clerk of court websites also provide free quitclaim deed forms you can download and print. For example, the Brevard County Clerk of Court lists quitclaim deeds under the official records forms section of the website. You also can create your own quitclaim deed using a blank sheet of paper. There must be a three-inch square space on the top right-hand corner of the first page of each document, and a one-inch by three-inch square space available on the top right-hand corner of each additional page for document stamping.
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Completing the Deed
Although specific elements must be included on a Florida quitclaim deed, the forms still can vary slightly. Generally, to complete a quitclaim deed in Florida, you must:
- Enter the date on the form.
- Include the legal description and the tax assessor's parcel number of the property
- Identify the parties. The grantor is the party selling or transferring his interest in the home. The grantee is the person who receives the interest.
- List the mailing addresses of the parties after the names.
- List the sum of money the grantee is paying the grantor.
- Indicate the county where the property is located.
The grantor must sign the deed in the presence of two witnesses and a notary. The notary must verify the signature and affix the official seal to the deed.
Recording and Fees
Quitclaim deeds are filed at the county recorders office in the county where the property is located. A documentary stamp tax is assessed on the amount of money paid for the property by the grantee. As of 2015, the documentary stamp tax rate is $0.70 per $100. In Miami-Dade, the county tax rate is $0.60 per $100 and an additional $0.45 surcharge for properties other than single-family homes. Recording fees can vary based on the county, but are generally $10 for the first page and $8.50 for each additional page.