Do you need to transfer your property ownership quickly?
If so, a quitclaim deed is a convenient way, as you can transfer ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.
However, since quitclaim deeds offer no warranty of title, the people who use them usually know and trust each other. They should not be used to transfer property between strangers.
For example, you might use a quitclaim to add a spouse or family member to a title or deed.
You could also use a quitclaim deed to:
In other real estate transactions – in which the sellers and buyers don't know each other -- a warranty deed is used. A warranty deed guarantees that the grantor has legal title to the property. If the grantor finds out that the grantor does not have the title, the grantee can sue the grantor.
Under Florida Statute § 695.01 to 695.28, anyone who wants to own real estate must do so in writing by way of a deed. The most common form of deed in the state is a quitclaim deed.
In a Florida quitclaim deed – just as in those of other states – no warranties exist.
That means there is no guarantee that the grantor has the right to transfer the real estate or that the property is not subject to any liens.
Also, it's essential to understand that a quitclaim deed transfers only what the grantor actually owns. That means, if two people jointly own a property and one of them uses a quitclaim deed to transfer their interest to a sibling, only half of the ownership would be involved.
Since there is some risk in accepting a quitclaim deed, this property transfer method is typically used between people who know and trust each other.
Here are some of the common property transfers that use a quitclaim deed in Florida:
Keep in mind that a quitclaim deed differs from both a general warranty deed and a special warranty deed in Florida.
Both general and special warranty deeds ensure warranties of title. A quitclaim deed offers no such guarantee.
A quitclaim deed in Florida has the following requirements:
The state of Florida requires that the grantor must sign the deed before two witnesses and a notary public. Then, the witnesses must sign in the presence of the notary public.
A quitclaim deed must be in proper legal form in order to be valid.
The legal document includes a legal description of the property, the county where it is located, the date of transfer, and the full legal names of the parties involved in the transfer.
If a price is being paid for the transfer, that amount also must be included.
To get a quitclaim deed, simply download our template and customize yours in minutes.
Here are the basic steps to filing a quitclaim deed in Florida:
Until the quitclaim deed is recorded by the county, it is not valid against any third-party interests. It can take anywhere from two weeks to several months for the deed to be officially recorded after it has been filed.
As we have seen, a quitclaim deed is a legal document that transfers ownership of property. The legal terms for the parties involved in the transaction are the following: Grantor. The grantor is the individual who is transferring their ownership or interest in a real property. Grantee. The grantee is the individual to whom the interest in a real property is being transferred.
Once a quitclaim deed has been legally prepared and filed, it cannot be withdrawn. However, if the signing and filing of the deed resulted from fraud, threats, or another form of illegal or undue influence, you should consult an attorney.
A Florida quitclaim deed offers the grantee no protection whatsoever about the property or the ownership of the property. There is no guarantee that the grantor actually owns all or part of the real estate. If you are a property owner in Florida and feel that a quitclaim deed is the right method for you, the good news is that it can be an easy and straightforward transaction.
Table of Contents:Do you need to transfer your property ownership quickly?
If so, a quitclaim deed is a convenient way, as you can transfer ownership interest in a property without providing any legal assurances to the person receiving the ownership interest.
However, since quitclaim deeds offer no warranty of title, the people who use them usually know and trust each other. They should not be used to transfer property between strangers.
For example, you might use a quitclaim to add a spouse or family member to a title or deed.
You could also use a quitclaim deed to:
In other real estate transactions – in which the sellers and buyers don't know each other -- a warranty deed is used. A warranty deed guarantees that the grantor has legal title to the property. If the grantor finds out that the grantor does not have the title, the grantee can sue the grantor.
Under Florida Statute § 695.01 to 695.28, anyone who wants to own real estate must do so in writing by way of a deed. The most common form of deed in the state is a quitclaim deed.
In a Florida quitclaim deed – just as in those of other states – no warranties exist.
That means there is no guarantee that the grantor has the right to transfer the real estate or that the property is not subject to any liens.
Also, it's essential to understand that a quitclaim deed transfers only what the grantor actually owns. That means, if two people jointly own a property and one of them uses a quitclaim deed to transfer their interest to a sibling, only half of the ownership would be involved.
Since there is some risk in accepting a quitclaim deed, this property transfer method is typically used between people who know and trust each other.
Here are some of the common property transfers that use a quitclaim deed in Florida:
Keep in mind that a quitclaim deed differs from both a general warranty deed and a special warranty deed in Florida.
Both general and special warranty deeds ensure warranties of title. A quitclaim deed offers no such guarantee.
A quitclaim deed in Florida has the following requirements:
The state of Florida requires that the grantor must sign the deed before two witnesses and a notary public. Then, the witnesses must sign in the presence of the notary public.
A quitclaim deed must be in proper legal form in order to be valid.
The legal document includes a legal description of the property, the county where it is located, the date of transfer, and the full legal names of the parties involved in the transfer.
If a price is being paid for the transfer, that amount also must be included.
To get a quitclaim deed, simply download our template and customize yours in minutes.
Here are the basic steps to filing a quitclaim deed in Florida:
Until the quitclaim deed is recorded by the county, it is not valid against any third-party interests. It can take anywhere from two weeks to several months for the deed to be officially recorded after it has been filed.
As we have seen, a quitclaim deed is a legal document that transfers ownership of property. The legal terms for the parties involved in the transaction are the following: Grantor. The grantor is the individual who is transferring their ownership or interest in a real property. Grantee. The grantee is the individual to whom the interest in a real property is being transferred.
Once a quitclaim deed has been legally prepared and filed, it cannot be withdrawn. However, if the signing and filing of the deed resulted from fraud, threats, or another form of illegal or undue influence, you should consult an attorney.
A Florida quitclaim deed offers the grantee no protection whatsoever about the property or the ownership of the property. There is no guarantee that the grantor actually owns all or part of the real estate. If you are a property owner in Florida and feel that a quitclaim deed is the right method for you, the good news is that it can be an easy and straightforward transaction.
