Florida Quitclaim Deed
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When Is a Quitclaim Deed Used in Florida?
🔹 1. Family Transfers / Gifts
Parent to child, between siblings, or between spouses.
You’re not concerned about warranties — the transfer is based on trust.
Example: Your mom gives you her house outright as a gift with no warranties.
🔹 2. Divorce or Separation
One spouse quits their claim to the home as part of the settlement.
Example: Spouse A deeds their share to Spouse B after a divorce.
🔹 3. Add or Remove Someone from Title
You want to add a spouse or child to the deed or remove an ex.
Used often in refinancing or estate planning.
🔹 4. Correcting Title Errors
Fixing a name misspelling or ownership record error.
Example: A title company uses a quitclaim to correct a prior deed mistake.
🔹 5. Transferring Property into a Trust or LLC
Move property from individual ownership into a trust or LLC (for asset protection or estate planning).
🚫 When Not to Use a Quitclaim Deed
If you’re buying property or accepting it from someone you don’t fully trust — use a warranty deed instead.
If you want title insurance, lenders and insurers may reject a title passed by quitclaim unless followed by additional verification.
🧾 Summary Table
Situation | Use Quitclaim Deed? | Notes |
|---|---|---|
Parent gifts house to child | ✅ Yes (if no title concerns) | No warranty, but fine for family |
Divorce settlement | ✅ Yes | Common and accepted |
Selling house to buyer | ❌ No | Use warranty deed instead |
Fixing title error | ✅ Yes | Quick way to correct ownership |
Adding spouse to deed | ✅ Yes | Often used for this purpose |
Transferring to trust or LLC | ✅ Yes | Efficient for planning, but may affect taxes/homestead |
⚠️ Important Florida-Specific Considerations
A quitclaim deed still must be recorded with the county clerk to be legally effective.
It doesn’t affect mortgages — if someone is quitclaimed off a deed, they may still owe the mortgage.
Homestead status may be impacted, especially if transferring to someone other than a spouse — speak to a Florida real estate attorney.
✅ Conclusion:
Use a Quitclaim Deed when:
You're transferring property between trusted parties.
You don’t need or want legal warranties about the title.
You're doing an internal or non-commercial property transfer.