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Although you can make a quitclaim deed yourself, we suggest hiring a real estate lawyer to ensure your deed is done right and meets the legal and filing requirements for Flordia and the local country recorders office where the property is located.
Ing to Florida Statute 695.26, a quitclaim deed must contain these certain elements: Name and address of person preparing the deed. Grantor's name and address. Grantee's name and address. Signatures of the grantors. Two witnesses for each signature/ Notary acknowledgment with signature.
Is there a transfer tax on a quitclaim deed in Florida? Yes, the county will charge a transfer tax for a quitclaim deed based on the amount of consideration paid for the property.
Family members can transfer property to one another without estate tax penalties by putting the property into a trust. When placed into an irrevocable trust, the property is no longer considered part of your estate after you die.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.