Florida –  November 22, 2021

The transfer of Florida property may become a necessity depending on life-changing  circumstances that include marriage, divorce, and death.  It is best to utilize the services of an experienced real estate attorney to assure there are no problems with the legal property transfer.  Many people think that it is simple to use a quitclaim deed as it is usually a one page document, but it is important for property owners to understand the impacts and responsibilities attached to its filing.  If a grantor holds legal title, free and clear of any encumbrances, a Florida quitclaim deed can be used as a transferring tool.  Transferring property is not as simple as it appears on its face as negative consequences could arise revealing an unpaid mortgage, other types of liens, or tax repercussions to the grantor, or grantee.  Individuals wishing to sign over property to another person, or entity should speak with a Florida real estate attorney about all of the risks and benefits.  Common uses for a quitclaim deed to transfer property occur as part of a:

  • Living trust,
  • Last will transferring title to family members,
  • Divorce settlement agreement,
  • Request to change of community property to a joint tenancy,
  • Request to change from single ownership to a co-ownership situation,
  • Request transfer from one co-owner to another.

In the State of Florida, quitclaim deeds are often used to transfer property within a family, a trust, or an LLC.  For real estate sale transactions, warranty deeds are more common.  Professional real estate attorneys will review the individual case and prepare a document that meets the needs of the grantor and grantee for property transfer, in accordance with Florida state laws.

Deed preparation.

Pertinent information must be included in the quitclaim deed for it to be considered a valid legal instrument and a real estate attorney in Orlando can draft the document for filing.  A quitclaim deed should contain:

  •  The name and address of the preparer,
  • The name and address of the grantor (transferer of property),
  • The name and address of the grantee (receiving property),
  • A signature of the grantor,
  • Signatures of two witnesses,
  • Notary signature.

Deed recording.

The original quitclaim deed document should be recorded with the county recorder in the county where the property is located in Florida.  The deed is not valid against any third-party interests until it has been recorded with the court.  One of the parties must pay a transfer tax to the Clerk of Courts, known as documentary stamp tax, commonly it is paid by the grantor.  The documentary stamp tax amount in all Florida counties except Miami-Dade is 70 cents on each $100, or portion of the total consideration; and in Miami-Dade the amount is 60 cents on each $100 or portion of the total consideration. Miami-Dade County also has a surtax of 45 cents on each $100 of the total consideration. The surtax is not due on a document that transfers only a single-family dwelling.

Hire a lawyer.

Property owners wishing to use the quitclaim deed for the transfer of real property should consult with a Florida real estate attorney to determine if it is the right document for the matter.  Contact the attorneys at Legal Counsel, P.A. for guidance on your proposed use of a quitclaim deed for property transfer in Florida.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321









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