How to File a Quit Claim Deed in Florida

How to File a Quit Claim Deed in Florida

by Edward A. Haman, Esq., October 2017

It is a relatively simple process to prepare, execute, and file a quit claim deed in Florida.

Basic Deed Terminology

To understand real estate deeds, it is necessary to know a few legal terms:

  • Deed. A legal document that transfers ownership of real property
  • Grantor. A person who transfers ownership of his or her interest in real property
  • Grantee. A person to whom an interest in real property is transferred

What Is a Quit Claim Deed?

A quit claim deed transfers title to real estate without providing any guaranty of the grantor's title. In essence, a quit claim deed says: “I am giving you whatever interest I may have in this property, buy I'm not promising that I have any such interest." With a quit claim deed, if it turns out that the grantor does not have any interest in the property, the grantee will not be able to sue the grantor.

Quit claim deeds are usually used when the grantee is certain of the grantor's ownership; such as when transfers are made between family members, between an individual and a trust, or from a business owner to the business entity. Quit claim deeds are also often used to transfer title to property in connection with a divorce, in order to get one of the spouse's names off of the title.

In the typical transaction between sellers and buyers who don't know each other, a warranty deed is used. A warranty deed includes a provision that guarantees the grantee that the grantor has legal title to the property. If it turns out that the grantor does not have title, the grantee can sue the grantor. Most real estate transactions involving a warranty deed will also have title insurance.

Florida Quit Claim Deed Requirements

The basic requirements for a quit claim deed in Florida (as in other states), are:

  • The legal names of the parties
  • A description of the property being transferred
  • Proper execution of the document

Each of these requirements will be discussed below, along with information about completing the transfer (that is, by delivering the deed to the grantee and filing it in the official county records).

Names of the Parties

The quit claim deed needs to include the full legal name of both the grantor(s) and the grantee(s). For a grantor, this should be the name as it appeared on the deed when the grantor obtained title. For the grantee, this should be the full legal name of the grantee. For example, if the grantee's legal name is “Frederick Johnson," the deed should not have the name “Fred Johnson."

Property Description

Every parcel of property has what is called its legal description. This is usually most easily found in the deed that transferred the property to the grantor. The sample quit claim deed below contains such a legal description. For the sake of clarity, it is also a good idea to add the street address of the property, and the property “folio" number used by the property appraiser.

Signature, Witness, and Notary Requirements

Florida law requires that the grantor must sign the deed in the presence of two witnesses and a notary public. The witnesses must also sign in the presence of the notary.

Delivery of Deed to Grantee

Technically, a deed, whether quit claim or warranty, must be delivered to the grantee. If the grantor executes a deed and keeps it in his or her safe deposit box or desk drawer, it is not an effective transfer of the property. Handing it to the grantee, or filing it with the clerk, is an effective transfer.

Filing with the Clerk

A quit claim deed should be filed with the Clerk of Court in the county where the property is located. This will involve taking the deed to the Clerk's office and paying the required filing fee (typically about $10.00 for a one-page quit claim deed).

Florida Quit Claim Deed Form

The following is an example of a Florida quit claim deed:

After Recording Return to:

Marjorie Kinnan Rawlings

18700 S. CR-325

Hawthorne, FL 32640

QUIT CLAIM DEED

The Quit Claim Deed, executed this 1st day of April, 2017,

By Charles Rawlings, hereinafter called the Grantor,

To Marjorie Kinnan Rawlings, whose mailing address is: 18700 S. CR-325, Hawthorne, FL 32640, hereinafter called the Grantee.

WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit-claim unto said Grantee forever, all the right, title, interest, claim, and demand with the Grantor has in and to the following described property in the County of Alachua, State of Florida, to wit:

Lot 10, HIGHLAND HILLS SUBDIVISION;

Commonly known as: 18700 S. CR-325, Hawthorne, FL 32640

TAX FOLIO NUMBER: 121415-1214.

Subject to covenants, restrictions, easements of record, and taxes for the current year.

To have and to hold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever for the Grantor, either in law or equity, to the only proper use, benefit, and behoof of the Grantee forever.

IN WITNESS WHEREOF, the Grantor has signed and sealed these presents the day and year first above written.

Signed, sealed, and delivered in the presence of:

[signature blocks]

Witness Signature as to Grantor

Printed Name

Signature of Grantor

Printed Name

Witness Signature as to Grantor

Printed Name

Post Office Address

STATE OF FLORIDA

COUNTY OF ALACHUA

The foregoing instrument was acknowledged before me this 1st day of April, 2017, by Charles Rawlings, who is personally known to me or has produced Florida Driver's License as identification and who did / did not take an oath.

_____________________________

Notary Public My Commission Expires: