A quitclaim deed is one of the simplest property transfer tools in Florida — and one of the most frequently misused. Before you sign or accept one, you need to understand exactly what it does, what it doesn’t do, and when a Florida quitclaim deed attorney should be involved. Boss Law helps property owners get this right the first time.
What a Florida Quitclaim Deed Actually Does
A quitclaim deed transfers your interest in a property to another person — nothing more. It carries no title warranties, so the recipient accepts whatever interest you hold, clear or not. If you own a partial interest, that’s all that transfers. If there are liens or title problems attached to the property, those become the recipient’s problem — there’s no legal recourse against the grantor after the fact.
Because of this, quitclaim deeds are rarely used in standard home sales. Buyers in arm’s-length transactions require title protections a quitclaim simply doesn’t provide. Where they do make sense is in lower-risk situations between parties who already have a relationship and a clear understanding of the property’s status.
When a Quitclaim Deed Makes Sense in Florida
Florida real estate attorneys most commonly see quitclaim deeds used in four situations:
- Transferring property between family members — low-risk because both parties know each other and the property history
- Divorce — one spouse removes their name from title to the couple’s residence
- Adding a spouse to title after marriage when one party already owns the property
- Fixing a title issue — resolving cases where a previous owner is still listed on title
What a Quitclaim Deed Does Not Do
This is where most mistakes happen. A quitclaim deed’s simplicity leads many people to assume it does more than it actually does.
Common misconceptions
- Remove the mortgage. Signing over the property doesn’t remove your name from the loan. If you’re on the mortgage, you remain legally responsible for it — even after the transfer.
- Guarantee a clear title. No such guarantee exists with a quitclaim. Liens, ownership disputes, and unpaid taxes all follow the property to the new owner.
- Automatically avoid probate. A quitclaim deed alone doesn’t keep property out of probate. You’ll need a Lady Bird deed, trust, or other estate planning tool if that’s a concern.
- Override homestead protections. Florida’s homestead laws restrict how certain property can be transferred — a quitclaim deed doesn’t get around those restrictions.
Florida Legal Requirements for a Valid Quitclaim Deed
Florida law sets specific requirements that must all be met for a quitclaim deed to be valid. Missing any one of these can invalidate the deed and require additional legal work — and fees — to correct.
Proper legal description
A street address is not sufficient. The deed must include the property’s full legal description — one of the most common DIY errors.
Named grantor and grantee
Both parties must be clearly identified — the grantor transferring and the grantee receiving the property interest.
Notarization and two witnesses
Florida requires the signing to be notarized and witnessed by two people in addition to the notary.
Recorded with county clerk
Once signed, the deed must be recorded in the county where the property is located to be legally effective.
How a Quitclaim Deed Compares to Other Florida Deed Types
A quitclaim deed is the simplest option — but it offers the least protection. Understanding the alternatives helps you choose the right tool for your situation.
Warranty deed
Guarantees clear title and offers the highest level of buyer protection. Used in most standard home sales.
Lady Bird deed
Retains full control during your lifetime while naming a beneficiary. Used for estate planning, Medicaid planning, and probate avoidance.
Trust transfer
Moves assets into a living trust — useful for managing multiple properties and avoiding probate across a larger estate.
A quitclaim deed is best reserved for low-risk situations where both parties understand what they’re getting — and what they’re not. If you’re unsure which deed type fits your situation, a Florida real estate attorney can walk you through the options before you commit to anything.
When You Should Work With a Florida Quitclaim Deed Attorney
Florida law doesn’t require an attorney to prepare a quitclaim deed — but DIY mistakes are common, and they’re often expensive to fix. A deed with an incorrect legal description, missing witness signatures, or improper notarization may be invalidated entirely. In some cases, you’ll need a court proceeding to correct it.
Legal guidance is particularly important when:
- The property is subject to Florida’s homestead laws
- You have Medicaid planning concerns
- Probate avoidance is a goal
- The property is part of a divorce proceeding
- There is an existing mortgage on the property
- You’re unsure whether a quitclaim deed is actually the right tool
Boss Law’s Florida real estate attorneys will make sure the deed is drafted correctly, recorded properly, and that a quitclaim is genuinely the right instrument for your goals — not just the easiest one to find online.
Frequently Asked Question: Can a Quitclaim Deed Be Reversed?
Yes — but it’s difficult. Reversing a quitclaim deed typically requires the new owner to voluntarily sign the property back, or you may need to pursue legal action to have the original deed invalidated. Either path is time-consuming and expensive. Getting the deed right before signing is always the better approach.
Not sure if a quitclaim deed is right for your situation?
Talk to a Florida quitclaim deed attorney at Boss Law before you sign anything. Free, no-obligation consultation.