Florida Quit Claim Deeds Explained
Quit claim deeds have a reputation for being the “simple” real estate document — and in some ways they are — but that simplicity comes with a real trade-off that’s worth understanding before you use one.
What a Quit Claim Deed Actually Does
A quit claim deed transfers whatever ownership interest the person signing (the grantor) has in a property to someone else (the grantee) — without making any promises about the quality of that interest. If the grantor has full, clear ownership, that’s what transfers. If there’s a lien, a title defect, or some other complication, that transfers too, unspoken and unguaranteed.
This is the defining feature: a quit claim deed makes no warranty about title. It simply says “whatever I have, I’m giving to you.”
Quit Claim Deed vs. Warranty Deed
| Quit Claim Deed | Warranty Deed | |
|---|---|---|
| Title guarantee | None | Guarantees clear title |
| Common use | Between trusted parties (family, spouses) | Arm’s-length sales |
| Protection for buyer | Minimal | Significant |
| Typical use case | Adding/removing a name, family transfers | Traditional home purchase |
A warranty deed is what you’d expect in a typical home purchase between strangers — the seller is legally promising the title is clean. A quit claim deed skips that promise entirely, which is exactly why it’s usually reserved for situations where the parties already know and trust each other.
When People Actually Use Quit Claim Deeds
- Adding a spouse to a title after marriage
- Removing a name from a title after divorce
- Transferring property within a family — parent to child, between siblings
- Clearing up a title issue or correcting an error on a previous deed
- Moving property into a trust, as part of estate planning
Notice the pattern: these are almost all situations involving existing trust between the parties, not a stranger buying a house sight-unseen.
Why Quit Claim Deeds Aren’t Usually Used for Traditional Sales
If you’re buying a home from someone you’ve never met, a quit claim deed offers you very little protection — if it turns out there’s a lien on the property or a title dispute, you have no legal recourse against the seller based on the deed itself. This is exactly why traditional real estate sales use warranty deeds (or similar title-guaranteeing deeds), and why a seller offering a quit claim deed on an arm’s-length sale should raise a question or two.
The Notarization Requirement
Florida law requires a quit claim deed to be signed by the grantor in front of a notary and two witnesses in order to be validly recorded. The grantee (the person receiving the property) typically doesn’t need to sign or be present — the legal action is the grantor giving up their interest, not the grantee accepting it.
What to Bring to Your Appointment
- The unsigned quit claim deed, prepared correctly (often by an attorney or title company)
- A valid, government-issued photo ID for the grantor
- Two witnesses
Getting It Notarized and Recorded
Once signed and notarized, a quit claim deed needs to be recorded with the county clerk’s office where the property is located to be fully effective against future claims. Easy Day Notary can handle the notarization portion in person or through Remote Online Notary if your witnesses can join remotely — contact us to get it scheduled.
Frequently Asked Questions
Does a Florida quit claim deed need to be notarized?
Yes. Along with two witnesses, notarization is required for a quit claim deed to be validly recorded in Florida.
Does a quit claim deed guarantee clear title?
No — that's the key difference from a warranty deed. A quit claim deed transfers whatever interest the grantor has, with no guarantee that the title is free of liens or other claims.
When is a quit claim deed commonly used?
Most often between parties who already trust each other — adding a spouse to a title, transferring property within a family, or clearing up a title issue — rather than in arm's-length sales between strangers.
Who needs to be present to notarize a quit claim deed?
The grantor (the person transferring the property) needs to sign in front of the notary and two witnesses. The grantee (recipient) typically doesn't need to sign or be present.