Florida Quit Claim Deed

State:
Multi-State
Control #:
US-03130BG
Format:
Word; 
Rich Text
Instant download

Description

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner.


A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. This type of deed is commonly used to clear title to property. A warranty deed transfers a specified interest and warrants or guarantees that this interest is transferred. The grantor warrants that the title is good, that the transfer is proper, and that there are no liens other than stated in the deed. The grantee can sue if the warranty is breached.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Under Florida law, a quitclaim deed is finalized by recording it in the country records. It is the most common way to transfer property to a family member, a trust, or your own LLC. In Florida, a quitclaim deed does not give any warranty of title.

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.

In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.

The most popular method for older clients who want to avoid probate and ensure their property passes to their children was to use a quitclaim deed conveying a life estate to the parent, with the remainder to the child. This is referred to as a traditional life estate deed.

A quitclaim deed is like saying, ?I don't want my claim on this property anymore? and giving it to someone else. This deed doesn't promise the property is free from other claims; it just passes on whatever the current owner (the grantor) has to the new owner (the grantee).

A quit claim deed should be filed with the clerk of court in the county where the property is located. This will involve taking the deed to the clerk's office and paying the required filing fee (typically about $10 for a one-page quit claim deed).

Once the quitclaim deed is recorded, it becomes part of the public record. You may also be required to pay a filing fee or costs associated with properties that have an outstanding mortgage. If there is money being exchanged for the deed, documentary stamp taxes will also have to be paid.

To sell a home you received through a quitclaim deed, you will still need to transfer ownership using a warranty deed. To do this, you'll need to hire a title company to perform a title search, which will generally cost between $150 and $400, but can be much more depending on the property.

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Florida Quit Claim Deed