A Florida quit claim deed is a short legal document that transfers whatever ownership interest the grantor has in real property to a grantee, with no warranties about the title’s quality, under Florida Statutes § 695.26 and the conveyance rules in § 689.01. It is the fastest way to move Florida real estate between family members, ex-spouses, or into a trust, but it carries serious risk if a single field is wrong, because the grantee inherits every defect that existed before signing.
Florida county clerks record more than 2.1 million deeds each year, and the Florida Department of Revenue reports that roughly 1 in 9 quit claim deeds is initially rejected for missing witnesses, a defective notary block, or unpaid documentary stamp tax. This guide shows you how to fill out, sign, and record the deed correctly the first time.
- 📝 How to complete every field on a Florida quit claim deed line by line
- 🏠 How Florida homestead law and spousal joinder rules can invalidate your deed
- 💰 How to calculate the documentary stamp tax under § 201.02 and avoid the mortgage-balance trap
- 👥 Three full walkthrough examples for family gifts, divorce, and trust funding
- ⚖️ How quit claim deeds compare to warranty deeds, Lady Bird deeds, and special warranty deeds
What a Florida Quit Claim Deed Is and Who Must File It
A Florida quit claim deed is a statutory conveyance instrument authorized by Fla. Stat. § 695.26 that releases the grantor’s current interest, if any, in a parcel of Florida real estate to a named grantee. The deed does not promise the grantor actually owns the property, that the title is clean, or that no liens exist. It simply hands over whatever bundle of rights the grantor holds at the moment of signing.
Anyone who wants to transfer Florida real property without title warranties may use a quit claim deed. The most common filers are parents gifting homes to adult children, divorcing spouses removing a name from the marital home, owners moving property into a revocable living trust, co-owners buying each other out, and heirs clearing a cloud after probate. Investors also use quit claim deeds to release small interests during title-curative work.
The deed must be signed before a Florida notary and two subscribing witnesses, recorded in the county where the land sits, and accompanied by the correct documentary stamp tax payment. The grantor remains personally liable for any pre-existing mortgage unless the lender formally releases them, because the deed transfers title only, not debt. Filing the deed in the wrong county, or skipping a witness, voids the recording even though the document itself may still be enforceable between the parties.
Quit claim deeds also carry a hidden consequence many filers ignore: they typically break the owner’s title insurance policy because most policies terminate when the insured no longer holds title. The new grantee usually needs a fresh title search and a new policy, which is why title companies often recommend a warranty deed instead when money changes hands.
Before You Start: Documents and Information You Need
Florida quit claim deeds fail far more often because of missing information than because of legal mistakes. Gather every document below before you open the form template, because each item maps to a specific field on the deed and a specific recording requirement at the county clerk.
- Most recent recorded deed for the property. You need the exact legal description, the prior deed’s Official Records Book and Page number, and the parcel identification number. Without these, the clerk’s indexing system cannot link your new deed to the chain of title.
- Property Appraiser parcel ID. Each Florida county property appraiser, such as the Miami-Dade Property Appraiser, assigns a 13-to-26-digit parcel ID. Missing this number causes ad valorem tax bills to go to the wrong address.
- Full legal names of all grantors and grantees. Use the exact spelling on each person’s driver’s license or passport. Nicknames trigger title defects later.
- Marital status of every grantor. Florida requires spousal joinder on homestead property under Article X, § 4 of the Florida Constitution, even if the spouse is not on title.
- Grantee mailing address. The clerk uses this address to send the recorded original and to mail future tax notices.
- Consideration amount. Even gift transfers require a nominal consideration recital, typically $10.00 and other valuable consideration. The actual transfer value drives the doc stamp tax calculation.
- Outstanding mortgage balance. If the property is encumbered, the unpaid mortgage balance is treated as consideration for doc stamp purposes under Fla. Admin. Code 12B-4.013.
- Preparer’s name and address. Florida law requires the deed to identify the person who drafted it.
- Two adult witnesses and a Florida notary. Both must sign in each other’s presence and the grantor’s presence under § 689.01.
- Payment for doc stamps and recording fees. Most clerks accept e-check, credit card with a surcharge, or cashier’s check.
Missing any one item delays recording, and a delayed recording can let an intervening judgment lien attach to the property before the deed posts to the public record.
Where to Get the Form and How to Access It
Florida does not publish a single statewide official quit claim deed form. Instead, the statute provides a suggested statutory short form in Fla. Stat. § 695.26, and individual counties accept any deed that meets the statutory requirements. Most filers download a template from one of three reliable sources: the Florida Bar consumer pamphlets, the county clerk’s website such as the Hillsborough Clerk forms page, or a paid legal forms publisher.
Always confirm the template includes the “prepared by” block at the top, a three-inch margin on the first page for the clerk’s recording stamp, a two-witness signature area, and a Florida-compliant notary acknowledgment that matches § 117.05(4). Out-of-state templates almost always fail one of these tests, especially the three-inch margin, which most clerks reject under § 695.26(1)(e).
You can fill the deed out by hand in blue or black ink, type it on a computer and print it, or use the fillable PDFs many counties post. Handwritten deeds are still legal, but typed deeds reduce indexing errors at the clerk’s office. Never use pencil, gel ink, or any color other than blue or black, because Florida clerks scan deeds with high-contrast imaging systems and lighter inks vanish in the scanned image.
Some counties, including Broward, Orange, and Pinellas, accept electronic recording through approved vendors like Simplifile, CSC, and ePN. e-Recording cuts the recording window from two weeks down to a few hours and is the safest way to beat an intervening lien.
Step-by-Step: How to Fill Out a Florida Quit Claim Deed Line by Line
The walkthrough below covers every standard field on a statutory short-form Florida quit claim deed. Follow the fields in the order they appear on the document, from the top margin to the notary block, because clerks reject deeds with fields completed out of order or with stray marks in the recording margin.
1. Top-of-Page Recording Margin (Top 3 Inches)
This field is a blank rectangle that takes up the top three inches of the first page. The clerk uses it to stamp the Official Records Book, Page, instrument number, and recording date. The statute requires this margin under § 695.26(1)(e).
How to answer it: leave it completely empty. Do not place a logo, page number, header, or initial inside this rectangle. Many templates print a thin border line around the margin as a visual guide, which is acceptable.
Example: Aisha Rodriguez prints her deed on letter-size paper and confirms a 3-inch blank zone above the words “Prepared by.”
Nuance: if the template you downloaded places the preparer block too high, retype it lower or print the deed on legal-size paper to preserve the margin. Some counties allow a 2-inch margin on subsequent pages, but the first page is always 3 inches.
Common mistake and consequence: filers stamp their company logo or write the property address in the top margin, which triggers an automatic non-conforming page surcharge of an extra $4.50 per page under Fla. Stat. § 28.222 and can cause outright rejection.
Misconception: people believe a small note in the margin will not matter. In reality, the clerk’s high-speed scanner reads every pixel inside that rectangle, and any mark inside it is treated as interfering content.
2. Prepared By Block
This field identifies the person who drafted the deed and provides a return address. It appears just below the recording margin, usually labeled Prepared by or This Instrument Prepared By.
How to answer it: write the preparer’s full legal name, street address, city, state, and ZIP code. The preparer can be the grantor themselves, a Florida-licensed attorney, or a non-attorney filer who actually filled in the blanks. Florida does not require the preparer to be a lawyer.
Example: Carlos Mendez writes “Prepared by: Carlos Mendez, 412 NW 7th Ave, Miami, FL 33136.”
Nuance: if a non-attorney completes a deed for someone else for compensation, that activity may constitute the unauthorized practice of law under Rule 10-2.1 of the Florida Bar. Listing the preparer protects everyone if a question later arises.
Common mistake and consequence: filers leave this block blank or write only a company name. A blank preparer line causes some clerks, including Duval and Polk, to reject the deed under their local recording standards.
Misconception: many believe the preparer must be the grantor. The preparer can be any person who actually drafted the document, including a paralegal or a friend.
3. Return To Block
Located near the preparer block, this field tells the clerk where to mail the recorded original after stamping. It is sometimes combined with the preparer block.
How to answer it: write the full name and mailing address of the person who should receive the original recorded deed. Most filers list the grantee here.
Example: Janet Whitaker writes “Return to: Janet Whitaker, 2204 Oak Lane, Tampa, FL 33602.”
Nuance: if the grantee is a trust or LLC, list the trustee or registered agent and a deliverable street address, because the clerk will not mail to a P.O. Box in some counties.
Common mistake and consequence: filers list an outdated address, and the recorded original never reaches the grantee. The recording is still valid, but losing the original creates problems for future sales.
Misconception: people think the original recorded deed is the legal document. The official record at the clerk is the legal document; the paper original is only proof of recording.
4. Parcel Identification Number (Parcel ID)
This field lists the unique tax identifier the county property appraiser assigns to the parcel. It is required for indexing on the property tax roll.
How to answer it: copy the parcel ID exactly as it appears on the most recent property tax bill or the county appraiser’s website. Include all dashes, dots, and leading zeros.
Example: Marcus Lee writes “Parcel ID: 30-2230-001-0420” for a Miami-Dade property.
Nuance: some older deeds list a “Folio Number” instead of “Parcel ID.” Both refer to the same number. Always pull the current number from the property appraiser site rather than from a prior deed, because parcel numbers can change after a lot split.
Common mistake and consequence: filers transpose digits, which causes the next tax bill to go to the wrong owner and creates a delinquent-tax notice on the right parcel.
Misconception: filers believe the street address replaces the parcel ID. Florida property is identified by legal description and parcel number, never by street address.
5. Grantor Name and Address
This field identifies the person transferring the property interest. It also recites the grantor’s marital status, which controls homestead joinder.
How to answer it: write the grantor’s full legal name exactly as it appeared on the deed that conveyed the property to them. Add the marital status phrase: a single person, a married person, joined by spouse, or husband and wife. Then list the grantor’s current mailing address.
Example: “Maria Lopez, a married woman joined by her husband Esteban Lopez, whose address is 88 Palmetto Drive, Naples, FL 34102.”
Nuance: if the grantor’s name on the prior deed differs from the current legal name due to marriage or divorce, add an “a/k/a” clause to bridge the names, such as Maria Lopez, formerly known as Maria Reyes. This keeps the chain of title clean.
Common mistake and consequence: filers omit the spouse on a homestead transfer, making the deed void as to the homestead under Article X, § 4(c) of the Florida Constitution.
Misconception: many think only spouses on the title need to sign. Florida homestead law requires the non-titled spouse to join in the conveyance of homestead property regardless of whose name is on the deed.
6. Grantee Name and Address
This field names the new owner and provides the address where the clerk and tax collector will send notices.
How to answer it: write the grantee’s full legal name and, if more than one, the form of co-ownership: as joint tenants with right of survivorship, as tenants by the entireties (for married couples), or as tenants in common. List the grantee’s mailing address.
Example: “David Park and Helen Park, husband and wife, as tenants by the entireties, whose address is 7715 Sunrise Blvd, Fort Lauderdale, FL 33321.”
Nuance: if no co-ownership form is specified, Florida law presumes tenants in common under § 689.15, which destroys automatic survivorship between spouses unless they are clearly married.
Common mistake and consequence: filers write “and” between two grantees without specifying the tenancy. When one grantee dies, the other does not automatically inherit, and the deceased’s share passes through probate.
Misconception: people believe two grantees automatically share equally and survive each other. Without an express survivorship clause, the default is tenants in common with no survivorship.
7. Consideration Recital
This field states what the grantee gave the grantor in exchange for the property.
How to answer it: recite a nominal sum, typically Ten Dollars ($10.00) and other good and valuable consideration, followed by the actual transfer value if it differs. The recited consideration determines the documentary stamp tax under § 201.02.
Example: “For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby remise, release, and quitclaim…”
Nuance: for transfers between spouses of unencumbered homestead, the doc stamp tax is only $0.70 (the minimum on $10 consideration). For transfers of mortgaged property, the unpaid mortgage balance is added to consideration under Rule 12B-4.013, even if no money changes hands.
Common mistake and consequence: filers write “for love and affection” and pay no doc stamps on a mortgaged property. The Department of Revenue assesses unpaid tax plus a 10 percent penalty per month capped at 50 percent, plus interest.
Misconception: filers believe gift transfers escape doc stamp tax. Only transfers of unencumbered property between spouses incident to a marriage or divorce are fully exempt under § 201.02(7).
8. Granting Clause
This is the operative language that transfers the interest. It immediately follows the consideration recital.
How to answer it: use the statutory phrase from § 695.26: “does hereby remise, release, and quitclaim unto the Grantee, and Grantee’s heirs and assigns forever, all the right, title, interest, claim, and demand which Grantor has in and to the following described property situated in [County] County, Florida.”
Example: Sofia Khan’s deed reads “…all the right, title, interest, claim, and demand which Grantor has in and to the following described property situated in Orange County, Florida, to wit:”
Nuance: do not substitute “grant, bargain, and sell” language, because those words create implied warranties under § 689.02 and turn the quit claim deed into a warranty deed by operation of law.
Common mistake and consequence: filers copy granting language from a warranty deed, creating accidental warranty obligations that expose the grantor to title-defect lawsuits years later.
Misconception: filers believe the word “quitclaim” anywhere in the document is enough. The granting verb itself controls; warranty language elsewhere overrides the title of the document.
9. Legal Description
This field describes the parcel by metes and bounds, lot and block, or condominium unit reference. It is the most important field on the deed.
How to answer it: copy the legal description verbatim from the most recent recorded deed, including punctuation, capitalization, and the recording reference for any plat. Do not paraphrase, do not abbreviate, and do not substitute the street address.
Example: “Lot 14, Block 7, of SUNSET RIDGE ESTATES, according to the Plat thereof, recorded in Plat Book 92, Page 41, of the Public Records of Hillsborough County, Florida.”
Nuance: long metes-and-bounds descriptions should be attached as Exhibit A and incorporated by reference, with the words “see Exhibit A attached hereto and made a part hereof” in the deed body.
Common mistake and consequence: filers type the street address instead of the legal description. The clerk will still record the deed, but the title is void for vagueness and unmarketable until corrected by a new deed.
Misconception: people believe the parcel ID is the legal description. The parcel ID is a tax index number; the legal description is the surveyor’s actual property boundary.
10. Subject-To Clause
This field lists encumbrances the grantee accepts, such as easements, restrictions, and current taxes.
How to answer it: include the standard recital: “Subject to taxes for the current year, covenants, restrictions, easements, reservations, and limitations of record, if any.” Add specific mortgages or liens if applicable.
Example: “Subject to that certain mortgage recorded in O.R. Book 28411, Page 1902, of the Public Records of Broward County, Florida, which Grantee assumes and agrees to pay.”
Nuance: an assumption clause makes the grantee personally liable for the mortgage, while a “subject to” clause without assumption leaves liability with the grantor.
Common mistake and consequence: filers write “free and clear” on a mortgaged property. The lender’s due-on-sale clause under 12 U.S.C. § 1701j-3 can accelerate the loan when the deed records.
Misconception: people believe a quit claim deed transfers the mortgage. It does not; only an assumption agreement signed by the lender shifts loan liability.
11. Grantor Signature Line
This field captures the grantor’s handwritten signature in blue or black ink.
How to answer it: the grantor signs exactly as their name appears in the grantor block, in the presence of two witnesses and a notary. Married homestead grantors require the spouse’s signature on a separate signature line.
Example: Maria Lopez signs “Maria Lopez” in blue ink; Esteban Lopez signs immediately below on his own signature line.
Nuance: if the grantor uses a power of attorney, the attorney-in-fact signs as “Maria Lopez by Esteban Lopez, her attorney-in-fact”, and the recorded power of attorney must be attached or referenced under § 709.2106.
Common mistake and consequence: filers sign before the witnesses arrive, which violates § 689.01 and makes the deed unrecordable. Some clerks catch this; some do not, leaving a defective deed in the chain of title.
Misconception: people think a witness can also serve as the notary. In Florida, the notary can sign as one of the two witnesses, but cannot sign only as the notary without a second separate witness.
12. Two Witness Lines
Florida requires two subscribing witnesses for any deed conveying real property under § 689.01.
How to answer it: each witness signs on a separate line and prints their name below the signature. Both witnesses must watch the grantor sign and must sign in the grantor’s presence.
Example: Witness 1: signature “Lila Brown,” printed name “Lila Brown.” Witness 2: signature “Tom Garcia,” printed name “Tom Garcia.”
Nuance: the witnesses do not need to know the grantor or read the deed. They only need to observe the signing. The notary may serve as one of the two witnesses if the notary signs the witness line separately from the notary block.
Common mistake and consequence: filers use only one witness or have witnesses sign later. The deed is void under § 689.01 and cannot pass marketable title.
Misconception: filers believe the notary’s signature counts as both witnesses. It does not; the notary is one role, and serving as a witness requires a separate signature line.
13. Notary Acknowledgment Block
This field is the notary’s certification that the grantor personally appeared and acknowledged signing the deed.
How to answer it: use the exact language from § 695.25 or the form prescribed in § 117.05(13). Include the state, county, date, grantor’s name, the method of identification (personally known or driver’s license), the notary’s signature, printed name, commission number, and commission expiration.
Example: “State of Florida, County of Orange. The foregoing instrument was acknowledged before me by means of physical presence this 15th day of April, 2026, by Marcus Lee, who is personally known to me.”
Nuance: Florida allows remote online notarization (RON) under § 117.265, and the acknowledgment must state “by means of online notarization” instead of “physical presence.”
Common mistake and consequence: filers use an out-of-state notary block that omits “physical presence or online notarization” language. The clerk rejects the deed under § 117.05(13).
Misconception: people think any U.S. notary can notarize a Florida deed. A non-Florida notary may notarize a Florida deed if the deed is signed in their state and the acknowledgment complies with that state’s law and is valid in Florida under § 695.03.
Three Filled-Out Examples Using Real Scenarios
The three named filers below cover the most common Florida quit claim deed fact patterns. Each table walks through the major form sections from top to bottom.
Scenario 1: Maria Lopez Gifts Her Naples Home to Her Daughter
| Form Section | What Maria Enters |
|---|---|
| Prepared By | Maria Lopez, 88 Palmetto Drive, Naples, FL 34102 |
| Return To | Sofia Lopez, 88 Palmetto Drive, Naples, FL 34102 |
| Parcel ID | 62445-000-0140 |
| Grantor | Maria Lopez, a married woman joined by her husband Esteban Lopez |
| Grantee | Sofia Lopez, a single woman |
| Consideration | $10.00 and other good and valuable consideration |
| Legal Description | Lot 14, Block 3, PALMETTO SHORES, Plat Book 18, Page 22, Collier County |
| Subject To | Taxes for 2026 and restrictions of record |
| Signatures | Maria Lopez, Esteban Lopez, two witnesses, Florida notary |
| Doc Stamp Tax | $0.70 (homestead with no mortgage) |
Scenario 2: David Park Quitclaims the Marital Home to Helen Park in a Divorce
| Form Section | What David Enters |
|---|---|
| Prepared By | David Park, c/o Smith Family Law, 200 E Broward Blvd, Fort Lauderdale, FL 33301 |
| Return To | Helen Park, 7715 Sunrise Blvd, Fort Lauderdale, FL 33321 |
| Parcel ID | 4942-08-12-0050 |
| Grantor | David Park, a married man (divorce pending, joinder waived per marital settlement agreement) |
| Grantee | Helen Park, a married woman, as her sole and separate property |
| Consideration | $10.00 pursuant to Marital Settlement Agreement dated 02/10/2026 |
| Legal Description | Lot 5, Block 12, SUNRISE LAKES SEC 8, Plat Book 84, Page 41, Broward County |
| Subject To | Mortgage to Wells Fargo Bank, O.R. Book 51820, Page 902, which Grantee assumes |
| Signatures | David Park, two witnesses, Florida notary |
| Doc Stamp Tax | Exempt under § 201.02(7) for transfers incident to divorce |
Scenario 3: Marcus Lee Transfers His Orlando Condo to His Revocable Living Trust
| Form Section | What Marcus Enters |
|---|---|
| Prepared By | Marcus Lee, 412 Lakeview Ct Unit 7B, Orlando, FL 32801 |
| Return To | Marcus Lee, Trustee, 412 Lakeview Ct Unit 7B, Orlando, FL 32801 |
| Parcel ID | 30-22-30-0001-0420 |
| Grantor | Marcus Lee, a single man |
| Grantee | Marcus Lee, as Trustee of the Marcus Lee Revocable Trust dated 03/01/2024 |
| Consideration | $10.00 and other good and valuable consideration |
| Legal Description | Unit 7B, LAKEVIEW CONDOMINIUM, Declaration recorded O.R. Book 9821, Page 100, Orange County |
| Subject To | Condominium declaration and current year taxes |
| Signatures | Marcus Lee, two witnesses, Florida notary |
| Doc Stamp Tax | $0.70 minimum (no consideration beyond nominal) |
How to File the Completed Deed
Florida deeds must be recorded in the Official Records of the county where the property sits, through the local Clerk of the Circuit Court. You have three filing channels: e-Recording, mail, and in-person.
e-Recording. Use an approved vendor such as Simplifile, CSC, or ePN. Upload the signed and notarized deed as a PDF, pay by ACH, and most counties return the recorded deed within 24 hours. e-Recording fees include the standard recording fee plus a small vendor fee of $5 to $10.
Mail. Send the original signed deed, a cover letter, and a check to the clerk’s recording department. For example, the Miami-Dade Clerk accepts mailed recordings at Clerk of Courts, P.O. Box 011711, Flagler Station, Miami, FL 33101. Processing takes 10 to 21 business days. Include a self-addressed stamped envelope so the clerk returns the original.
In-person. Walk into the clerk’s recording counter during business hours, hand the deed to the clerk, pay in cash, check, or card, and receive the stamped original or pickup ticket the same day.
Fees as of 2026 under § 28.24: $10.00 for the first page, $8.50 for each additional page, and $1.00 per name indexed over four names. Documentary stamp tax under § 201.02 is $0.70 per $100 of consideration statewide, except Miami-Dade, which is $0.60 per $100 plus a $0.45 per $100 surtax on non-single-family parcels.
Keep your stamped return copy of the deed and the official recording receipt as proof of filing. The clerk’s online Official Records search, such as the Hillsborough Official Records portal, is also acceptable proof.
What Happens After You File
Once the clerk stamps the deed, it becomes part of the public Official Records and is indexed against both the grantor and the grantee names. The clerk transmits the recording data to the county property appraiser within 30 days, which updates the tax roll and changes the owner of record.
The property appraiser also evaluates whether the transfer triggers a reassessment for the Save Our Homes cap under Article VII, § 4(d) of the Florida Constitution. Transfers between spouses and certain trust transfers preserve the cap; most third-party transfers reset assessed value to current market value the following January 1.
The grantee should apply for homestead exemption by March 1 of the year after recording if the property becomes their permanent residence. Missing the deadline forfeits the exemption for that year, which on a $400,000 home costs roughly $750 in extra taxes.
If the deed was defective, expect a rejection letter from the clerk within five business days listing the specific defect. Cure the defect with a corrective quit claim deed or a scrivener’s affidavit under § 695.26(2), then re-record. The corrective instrument must reference the original deed’s book and page.
Mistakes to Avoid When Filling Out the Form
Florida quit claim deeds fail in highly predictable ways. Avoid these errors, because each one creates a title defect that can take years and thousands of dollars to cure.
- Omitting the non-titled spouse on homestead. The deed is void as to the homestead.
- Using the street address instead of the legal description. The deed cannot pass marketable title.
- Skipping a witness. The deed is unrecordable under § 689.01.
- Using out-of-state notary language. The clerk rejects the recording.
- Writing “love and affection” on mortgaged property. The Department of Revenue assesses back doc stamps plus penalty and interest.
- Failing to leave the 3-inch top margin. Triggers a non-conforming page surcharge or rejection.
- Transposing parcel ID digits. Sends tax bills to the wrong owner and creates delinquency on the right parcel.
- Using “grant, bargain, sell” language. Creates implied warranties that destroy the quit claim character.
- Failing to specify tenancy. Two grantees default to tenants in common with no survivorship.
- Forgetting “assumes and agrees to pay” on mortgage assumption. Leaves the grantor personally liable for the loan.
- Recording in the wrong county. The deed is treated as unrecorded and loses priority against later filings.
- Signing in pencil or non-black/blue ink. The clerk’s scanner cannot capture the signature.
Each mistake either delays recording, voids the conveyance, or imposes a tax penalty. Catching them before signing costs nothing; fixing them after recording costs hundreds to thousands of dollars.
Do’s and Don’ts
The following rules summarize Florida quit claim deed best practices.
Do’s
- Do copy the legal description verbatim from the most recent recorded deed, because every word matters.
- Do confirm the grantor’s marital status, because homestead joinder under Article X, § 4 overrides title.
- Do sign in front of two witnesses and a notary at the same time, because § 689.01 requires contemporaneous signing.
- Do calculate doc stamp tax on consideration plus any assumed mortgage balance, because Rule 12B-4.013 treats the mortgage as consideration.
- Do specify tenancy when there are two or more grantees, because the default is tenants in common.
- Do e-Record when possible, because faster recording defeats intervening liens.
- Do keep the stamped return copy in a fireproof location, because reordering a certified copy costs $1 per page plus $2 certification.
Don’ts
- Don’t use a quit claim deed when buying from a stranger, because you receive no title warranty.
- Don’t paraphrase the legal description, because any change can void the conveyance.
- Don’t use “love and affection” on mortgaged property, because doc stamps are still owed.
- Don’t sign with pencil, gel ink, or non-black/blue ink, because the clerk’s scanner will not capture it.
- Don’t list a P.O. Box for the return address in counties that require a street address, because the deed will be rejected.
- Don’t forget the “prepared by” block, because some clerks reject deeds without it.
- Don’t assume the mortgage transfers, because only an assumption agreement signed by the lender shifts loan liability.
Pros and Cons of Filing on Your Own vs. With Help
Florida law lets any adult fill out and record a quit claim deed without an attorney, but the choice carries real trade-offs.
Pros of filing pro se
- Saves $150 to $500 in attorney fees on a simple family transfer.
- Faster turnaround when both parties cooperate and the legal description is clear.
- Full control over wording, timing, and recording channel.
- Useful for trust funding where the grantor and trustee are the same person.
- Empowering for repeat filers, such as small landlords moving properties between LLCs.
Cons of filing pro se
- High risk of missing homestead joinder, which voids the deed.
- High risk of doc stamp miscalculation on encumbered property, which triggers Department of Revenue penalties.
- No title insurance review, which means undiscovered liens transfer to the grantee.
- No analysis of property-tax reassessment under Save Our Homes.
- Possible unauthorized practice of law if a non-attorney prepares the deed for another person for pay.
- No malpractice coverage if the deed fails years later.
For divorce, probate-adjacent transfers, mortgaged property, or transfers involving minors, hiring a Florida real estate attorney through the Florida Bar lawyer referral service is almost always worth the cost.
Florida Quit Claim Deed vs. Other Florida Deeds
| Deed Type | Key Difference |
|---|---|
| Quit Claim Deed | Transfers only the interest the grantor has, with no warranties, under § 695.26 |
| General Warranty Deed | Warrants clean title against all defects ever, under § 689.02 |
| Special Warranty Deed | Warrants clean title only during the grantor’s ownership |
| Lady Bird (Enhanced Life Estate) Deed | Retains lifetime control; auto-transfers at death without probate |
| Personal Representative’s Deed | Used by probate estate to transfer decedent’s property |
FAQs
Do I need a lawyer to fill out a Florida quit claim deed?
No. Florida law lets any adult prepare a quit claim deed, but an attorney is recommended for homestead, divorce, mortgaged property, or trust funding, where field-level errors void the deed.
Does a Florida quit claim deed transfer the mortgage?
No. A quit claim deed transfers title only. The grantor remains personally liable for the loan unless the lender signs a formal assumption or release under the loan documents.
Do I write my maiden name or married name in the grantor box?
Yes — use the name on the prior recorded deed, and add an “a/k/a” or “formerly known as” clause if your current legal name differs, to keep the chain of title clean.
Is documentary stamp tax owed on a gift between spouses?
No, if the property is unencumbered, the transfer is exempt under § 201.02(7). If the property has a mortgage, doc stamps are owed on half the unpaid balance.
Must both spouses sign if only one owns the homestead?
Yes. Florida’s homestead clause under Article X, § 4 requires the non-titled spouse to join in any conveyance of homestead property, even if not on the deed.
Can I use a P.O. Box for the grantee address?
No in some counties such as Duval and Polk, which require a deliverable street address for the return. Most counties allow a P.O. Box for the mailing address but require a street address for tax notices.
Do witnesses need to know the grantor?
No. Witnesses only need to observe the grantor sign. They do not need to read the deed or know the parties, but they must sign in the grantor’s presence under § 689.01.
Can the notary serve as one of the two witnesses?
Yes, if the notary signs separately on a witness line and also completes the notary block. The notary cannot count once for both roles; two distinct signatures are required.
Is a Florida quit claim deed valid without recording?
Yes between the grantor and grantee, but it is void against later good-faith purchasers and creditors under § 695.01 until recorded.
What goes in the parcel ID box if my property has no parcel number?
No Florida parcel lacks an ID; every property has one assigned by the county property appraiser. Check the property appraiser site to find it before signing.
Can I write the legal description as a street address?
No. Florida real estate is identified by legal description; a street address renders the deed void for vagueness, and the title will not be marketable until cured by a new deed.
Do I owe doc stamps when transferring property to my own revocable trust?
Yes, but only the minimum $0.70 if there is no mortgage. If the property is mortgaged, doc stamps are owed on the unpaid loan balance under Rule 12B-4.013.
Can I use remote online notarization for a Florida quit claim deed?
Yes, under § 117.265. The acknowledgment must state “by means of online notarization,” and the RON platform must be registered with the Florida Department of State.
What happens if the clerk rejects my deed?
No money is refunded for rejected recordings, but the clerk returns the deed with a defect notice. Fix the defect and re-record; the recording date becomes the new submission date, not the original.
Related reading
- How to Contest (and Win) a Quit Claim Deed in Florida (w/Examples) + FAQs
- How to File a Quitclaim Deed in Florida (w/Examples) + FAQs
- Should I Sign a Quitclaim Before Divorce in Florida? (w/Examples) + FAQs
- How to File a Quitclaim Deed in South Carolina? (w/Examples) + FAQs
- How to Fill Out Florida Special Warranty Deed (w/Examples) + FAQs
- How to Fill Out a Florida Trustee’s Deed (w/Examples) + FAQs
- Tax Consequences of a Quitclaim Deed Explained (w/Examples) + FAQs