Filing a quitclaim deed in Florida effectively transfers ownership or interest in real property from one person to another. Both parties must sign the quitclaim, and the signatures must be validated by at least two witnesses who have no interest in the property in question. Following proper procedures in the drafting and filing of a quitclaim deed can prevent serious title problems from occurring related to the future sale or transfer of the property.
Language used in a Florida quitclaim deed does not warrant the title of a property. This means that the seller is not liable for any defects in the title that may prevent transfer, such as liens for back property taxes. Due to the lack of language warranting a safe and clean title, a title check is recommended prior to a quitclaim deed unless the individual taking over interest in the property already knows, without a doubt, that the title is clean. This is usually the case when a quitclaim is filed following a divorce proceeding, for example.
While a lawyer is not required to draft a quitclaim deed, it can be an important measure of security. Several forms that make drafting a quitclaim deed simple can be found online and at office supply stores, but this shouldn't take away from getting the advice of an attorney. The quitclaim will include the names and signatures of the party giving up interest in the property and the party taking over interest. It will also include signatures of the required witnesses, as well as a detailed description of the title transfer taking place.
In Florida, the documentary stamp tax for deeds that transfer interest for real property is 70 cents per $100 of assessed property value. Transferring the deed requires the individual who is taking over the property interest to pay tax on the value of the property or the value of the transfer. Most quitclaim deeds will place a value in the quitclaim as the recital of nominal consideration to eliminate burden of proof from the grantee in the event that an issue arises for failure of consideration.
Florida Statute 695.26 outlines the specific requirements for deed recording. The statute mandates that the deed must be signed and dated by both parties involved, signed and stamped by a notary, stamped with an ink seal, and signed by two witnesses before it can be recorded. A fee of $10 dollars for the first page and $8.50 for each additional page recorded must be remitted to the county clerk's office at the time of deed recording.
- Russell Law: Florida Quit Claim Deed
- Title Guarantee: Legal Form: Quit Claim Deed
- Florida Department of Revenue: Documentary Stamp Tax
- Adams on Contract Drafting: Revisiting the Traditional Recital of Consideration
- Lee Clerk: Requirements for Recording Deeds
- HG.org. "Contracts 101—Warranty vs Quitclaim Deeds." Accessed Aug. 12, 2020.
- Realtor.com. "When Do You Need to Get a Quitclaim Deed?' Accessed Aug. 12, 2020.
- DivorceNet. "Interspousal Transfers Versus Quit Claim Deeds." Accessed Aug. 12, 2020.
- California State Board of Equalization. "Property Ownership and Deed Recording," Page 7. Accessed Aug. 13, 2020.
Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals. Her work has been featured by a number professional websites since she started writing in 2005. Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor.