A deed is the legal document that transfers an interest in real estate from one party to another. Florida recognizes several types of deeds, and choosing the right one depends entirely on the circumstances of the transfer.
One of the most commonly discussed options is the quitclaim deed. Quitclaim deeds get used often for simple transfers between family members, former spouses, or people who already have an existing relationship and understanding of the property. They can be very useful in the right situation, but they also give the person receiving the property less protection than some other deed types.
Before signing or accepting a quitclaim deed in Florida, it’s worth understanding exactly what the deed transfers, what it doesn’t guarantee, and when a different type of deed might serve you better.
What Is a Quitclaim Deed?
A quitclaim deed transfers whatever interest the grantor (the person transferring the property) actually has in the property to the grantee (the person receiving it).
If someone owns a valid interest in a property, a properly executed quitclaim deed can transfer that interest. But if the grantor has no ownership interest to begin with, the quitclaim deed doesn’t create one out of nothing. That’s the main difference from a warranty deed, which provides certain title warranties depending on which type of warranty deed is used.
When Does a Quitclaim Deed Make Sense?
Quitclaim deeds tend to work well for transfers where the parties already understand the property’s ownership and aren’t relying on the deed itself to provide extensive title warranties.
Transfers between family members. A quitclaim deed is sometimes used when a parent transfers an interest to an adult child, or when one family member transfers an interest to another as part of an estate or ownership arrangement.
Adding or removing someone from title. Spouses sometimes need to change how property is titled after marriage, divorce, or another major life event. But changing the names on a deed does not automatically change who’s responsible for an existing mortgage. That distinction trips people up more than almost anything else on this list.
Divorce-related property transfers. A divorce agreement or court order can require one spouse to transfer their interest in real estate to the other, and a quitclaim deed is often used to complete that transfer. Transferring ownership, though, does not automatically remove a spouse from an existing mortgage. Someone can sign away their interest in the property while remaining fully responsible for the loan, unless the lender formally releases them.
Transfers into an LLC, trust, or other ownership structure. Owners sometimes quitclaim property into an LLC or trust as part of a broader ownership or asset protection plan. The right deed and process depends on the circumstances, and the potential title, tax, mortgage, and legal consequences deserve consideration before the transfer happens, not after.
When a Quitclaim Deed May Not Be the Best Choice
A quitclaim deed isn’t automatically the right option just because it’s easy to prepare. In a typical purchase and sale transaction, buyers usually want stronger protection regarding the seller’s title, which is where a warranty deed or another deed type tends to be a better fit.
A quitclaim deed can also create real problems when the parties don’t fully understand the existing title. If a buyer accepts a quitclaim deed from someone who does hold an ownership interest, but the property also has additional liens, claims, or competing ownership interests, the deed doesn’t automatically make those issues disappear.
A Quitclaim Deed Does Not Automatically Clear Title
This is one of the most important points on this whole topic. A quitclaim deed transfers an interest in property. It does not automatically eliminate:
- Existing mortgages
- Tax liens
- Judgment liens
- Easements
- Restrictive covenants
- Other ownership interests
- Certain claims against the property
If a property has an existing mortgage, signing a quitclaim deed doesn’t make the mortgage disappear. Transferring property to someone else doesn’t resolve an existing title defect either. A title search is what actually identifies recorded matters affecting the property, and it’s worth doing before a transfer, not after.
Quitclaim Deeds Can Trigger a Property Tax Reassessment
This is a detail that catches a lot of Florida homeowners off guard. If a home has Florida’s homestead exemption, it also carries the Save Our Homes assessment cap, which limits how much the property’s assessed value can increase each year. A change in ownership generally ends that cap and triggers reassessment at full market value the following January, which can raise property taxes substantially, sometimes doubling or tripling them depending on how long the prior owner held the exemption.
Not every quitclaim transfer triggers this. Transfers between spouses, including transfers required by a divorce judgment, generally don’t. Funding a revocable trust generally doesn’t either, since the grantor keeps beneficial ownership. But an outright gift of a home to an adult child, or a transfer into an LLC, may reset the cap and trigger reassessment, even when the same family keeps effective control of the property. It is best to contact the Property Appraiser’s office to discuss any possible increase in tax before starting the title transfer process.
Because these rules are detailed and the exceptions are narrow, it’s worth getting tax and legal input before quitclaiming a homestead property, not after the tax bill arrives.
Quitclaim Deeds and Homestead Property
Florida homestead property comes with its own legal protections and requirements, and a transfer involving homestead can raise issues involving spouses, minor children, creditors, and how the property is titled.
A quitclaim deed shouldn’t be treated as a one-size-fits-all solution for transferring a Florida homestead. Property owners should understand the applicable homestead rules before signing a deed that changes ownership.
This is also where it’s worth knowing that a quitclaim deed isn’t the only tool available. Florida property owners sometimes use an enhanced life estate deed, often called a lady bird deed, to keep full control of a homestead property during their lifetime (including the ability to sell, mortgage, or change their mind) while automatically passing it to a named beneficiary at death, often without going through probate.
What Should You Check Before Signing a Quitclaim Deed?
Before completing a quitclaim transfer, get clear on the property’s current ownership and the actual purpose of the transfer. Depending on the circumstances, the questions worth asking include:
- Who currently owns the property?
- What percentage does each owner hold?
- Are there existing mortgages or liens?
- Is the property homestead?
- Is the transfer related to a divorce or estate?
- Is the property being transferred to an LLC or trust?
- Are there tax consequences, including a Save Our Homes reassessment?
- Does the transfer affect an existing mortgage or trigger a due on sale clause?
- Is title insurance involved?
- Is a different type of deed more appropriate?
Answering these questions before signing is what prevents misunderstandings, and unwanted tax bills, later.
How Farshchian Law Can Help With Florida Deed Transfers
Deed transfers may look simple on paper, but the legal consequences can be significant. At Farshchian Law, we help Florida homeowners, buyers, investors, and sellers understand their options when transferring real estate, including matters involving:
- Quitclaim deeds
- Warranty deeds
- Life estate deeds
- Enhanced life estate (lady bird) deeds
- Deed transfers involving trusts
- Deed transfers involving LLCs
- Probate related property transfers
- Real estate ownership changes
- Title and closing matters
The right deed depends entirely on the circumstances surrounding the transfer. Understanding those circumstances before signing is what helps you avoid creating title, tax, or ownership problems you didn’t see coming.
Final Thoughts
Quitclaim deeds have a legitimate place in Florida real estate. They work well for certain transfers between family members, spouses, former spouses, and other parties who already understand the property’s ownership. But a quitclaim deed isn’t simply a faster version of a warranty deed.
It transfers the grantor’s interest without the title warranties that come with certain other deeds. It doesn’t automatically eliminate mortgages, liens, or other interests affecting the property, and it can trigger a property tax reassessment that catches people off guard. Before signing or accepting a quitclaim deed, take the time to understand exactly what’s being transferred and how the transaction could affect your ownership, financing, taxes, and future ability to sell.
At Farshchian Law, we help Florida homeowners, buyers, investors, and sellers structure the right deed for their transaction. Contact Farshchian Law at 1-855-513-5880 or email us via our Secure Contact Form. We provide real estate, estate planning, probate, and closing/title services throughout the State of Florida.