Florida Quitclaim Deed Form

What is a Florida Quitclaim Deed Form?

A Florida quitclaim deed form is a type of deed that transfers property to a new owner with no guarantee that the transferor has valid, clear title to the property. A quitclaim deed gives the new owner whatever interest the transferor has in the property when the deed is signed and delivered, but the transferee receives no warranty of title.

What is a Warranty of Title?

A warranty of title is a legal guarantee from a deed’s transferor to the transferee. The transferor who signs a deed with a warranty promises clear title—which means that there are no problems with the property’s title.¹ Title problems can come from errors in earlier deeds, unknown liens, boundary disputes, and other issues that raise questions about the property’s legal ownership status. A transferee who receives a warranty can sue the transferor if a title problem is discovered.

Warranty of Title and Florida Quitclaim Deeds Forms

The defining feature of a Florida quitclaim deed is that it transfers a real estate interest with no warranty.² The transferor does not guarantee a valid, clear title. The transferee receives whatever interest the transferor legally holds (if any). If the transferee discovers an undisclosed lien on the property, he or she cannot sue the transferor. A transferee has no legal claim under a quitclaim deed even if the transferor did not actually own the property.

Other Names for a Florida Quitclaim Deed Form

Florida uses the name quitclaim deed, but there are several other names for deeds with no warranty. It is customary in some states to write the name as quit claim deed instead of a quitclaim deed. Either version is acceptable, but quitclaim deed is customary in Florida. Quick claim deed is a common error that often turns up in internet searches by individuals with no legal training. There is no such thing as a quick claim deed.

Title companies in some states—including Texas and North Carolina—do not like to insure a property’s title if it is transferred by a quitclaim deed. Lawyers and other real estate professionals in those states often use another form of deed called a deed without warranty or no warranty deed as an alternative to a quitclaim deed. Florida title insurance companies routinely accept quitclaim deeds, and there are no issues with using them to transfer Florida real estate. There is no Florida equivalent to a deed without warranty or no warranty deed because quitclaim deeds are valid to transfer title in Florida.

How do Florida Quitclaim Deed Forms Relate to Other Forms of Deeds?

A Florida quitclaim deed makes no guarantees about a property’s title. Florida law recognizes two other types of deed—a Florida general warranty deed and a Florida special warranty deed—that guarantee the transferred property’s title.³ The warranties of title provided by general warranty deeds and special warranty deeds differ only in degree.

• A general warranty deed guarantees that no prior owner has done anything that would cause an issue with the property’s title.
• A special warranty deed guarantees only that the current owner has done nothing that would create title issues.

The difference generally means that a general warranty deed covers title issues at any point in the property’s history, while a special warranty deed covers only issues that arose while the transferor owned the property.

A Florida quitclaim deed can transfer the same property interest that a warranty deed or a special warranty deed can transfer.⁴ A quitclaim deed just does not promise a clear title, and the transferee cannot sue for breach of warranty if a title issue comes up.

Example: Ashley sells Florida real estate to Brett and uses a quitclaim deed to transfer title. Brett learns after the sale that Ashley sold the property to Claire one year before the sale to Brett. Ashley conveyed the property by quitclaim deed, so Brett cannot sue Ashley for breaching the warranty of title (he may be able to sue on other grounds, such as fraud).

Had Ashley used either a warranty deed or a special warranty deed to transfer the property to Brett, Brett could have sued Ashley for breaching the deed’s warranty of title. But because Ashley used a quitclaim deed, Brett has no recourse against Ashley based on the warranty of title.

Title Insurance and Florida Quitclaim Deeds

Property owners ordinarily use quitclaim deeds for transfers that involve nominal or no consideration—money or other value given in exchange for the deed. Quitclaim deeds are uncommon in the sale context because purchasers want assurance that they are obtaining a clear title. A seller more often uses a warranty deed or special warranty deed.

A quitclaim deed that transfers purchased real estate is typically accompanied by title insurance. A title insurance policy is a contract under which an insurance company agrees to cover financial loss caused by any unknown title issues. Title insurers also arrange for a title examination before issuing a policy. The title examination increases the likelihood that unknown title problems are discovered before the property is formally exchanged.

Quitclaim Deeds and Other Florida Deeds Used in Estate Planning

A Florida quitclaim deed’s lack of warranty distinguishes it from other types of deeds. A deed’s warranty is unrelated to when the transfer takes effect (i.e., when ownership officially changes hands).

Florida recognizes other forms of deeds—such as life estate deeds and lady bird deeds—that allow property to bypass probate. The features of life estate deeds and lady bird deeds are not inconsistent with quitclaim deeds. This means the same deed may be a Florida lady bird deed or a Florida life estate deed and also be a Florida quitclaim deed. Thus, a property owner might create a quitclaim deed to avoid probate as part of an estate plan.

Florida Life Estate Deed vs. Florida Lady Bird Deed

Life estate deeds and lady bird deeds both allow a property owner to retain an ownership interest in real estate for life and then transfer complete title to a beneficiary outside probate upon the owner’s death. The main difference between the two is that a life estate deed limits how the owner can use the property after the deed is created. For example, the owner can sell or mortgage the property’s complete title only with the beneficiary’s consent.

A Florida lady bird deed—technically called an enhanced life estate deed—lets the owner reserve broader rights over the property. An owner who records a lady bird deed can still mortgage or sell full title to the property without involving the beneficiary.

Florida Transfer-on-Death Deed Form

A majority of states allow property owners to use transfer-on-death deeds (or TOD deeds) to keep complete ownership of property for life and name a beneficiary to take title at the owner’s death. Florida law does not recognize TOD deeds, so they cannot be used to transfer Florida real estate. Lady bird deeds and revocable living trusts are alternate approaches available in Florida to accomplish most of the same goals as transfer-on-death deeds.

Common Uses of Florida Quitclaim Deed Forms

Because quitclaim deeds provide no warranty of title, they are often used when the parties know each other. Common scenarios for using a Florida quitclaim deed include when the property is being transferred:

• To a spouse or other family member as a gift;
• To an ex-spouse following a divorce;
• To the owner and a family member who will co-own the property with the current owner (adding a co-owner to the deed);
• To a revocable living trust or to an LLC or other business entity managed by the current owner (special warranty deeds are also commonly used for this purpose);
• To transfer an interest in a Florida timeshare to a family member or other owner;
• From a part owner who wants to release an interest in the property (removing someone from the deed); or
• From a person with an unclear claim on the property to clear the property’s title.

How to Create a Florida Quitclaim Deed

A Florida quitclaim deed must be distinguishable as a quitclaim deed and must comply with Florida’s requirements for all deeds. A quitclaim deed must also accurately reflect the parties’ intended transfer terms.

Florida Quitclaim Deed Requirements

A Florida quitclaim deed must include language that ensures that the deed is a quitclaim deed and not another form of deed recognized in Florida. Quitclaim language appears in the granting clause in the body of the deed. The granting clause—even more than the deed’s title—is what identifies a deed as a quitclaim deed.

A quitclaim deed’s granting language often looks similar to the language in a general warranty deed or special warranty deed, but the slight differences can have significant legal consequences.

• Most Florida general warranty deeds and Florida special warranty deeds have language that tracks the statutory format for warranty deeds.⁵ The deed declares that the transferor has “granted, bargained, and sold” the property to the transferee.
• A Florida quitclaim deed uses language that intentionally differs from the statutory format for warranty deeds. The deed must have no wording that creates an express warranty or an implied warranty. Quitclaim deeds typically declare that the transferor “remises, releases, and quit claims” the property to the transferee.

Quitclaim deeds also omit the warranty clause that typically appears near the end of a warranty deed or special warranty deed. A valid quitclaim deed does not necessarily have to disclaim any warranty of title—though disclaimers are often included. The key feature is that there is no language that could make the transferor responsible for a title problem.

Florida General Deed Requirements

A Florida quitclaim deed form must meet the general requirements that apply to all Florida deeds. These requirements include a valid legal description, a statement of consideration, and (if there are multiple new owners) a description of how co-owners will hold title.

A quitclaim deed must satisfy Florida’s formatting requirements to be eligible for recording. Font size, margins, and other page requirements must be consistent with Florida law and local customs. The deed must be correctly signed and witnessed, and notary acknowledgments should be consistent with the statutory format.

Choosing a Florida Quitclaim Deed Form

A quitclaim deed that transfers Florida real estate must be designed for use in Florida. Real estate laws can vary considerably between states, so a quitclaim deed that works in another state may be invalid in Florida. A quality Florida quitclaim deed form will meet all Florida requirements and accurately reflect the parties’ intended transfer terms.

1. See Fla. Stat. § 689.03.
2. Fla. Stat. § 689.10.
3. See Fla. Stat. § 689.02.
4. Fla. Stat. § 695.01(2).
5. Fla. Stat. § 689.02.