To file a quitclaim deed in Florida, complete the statutory deed form with a full legal description of the property, sign it in front of two witnesses and a notary public, and record the signed deed with the Clerk of the Court in the county where the property sits. At recording you pay the clerk’s filing fee and, in most cases, Florida’s documentary stamp tax. The paperwork is straightforward; the consequences are not, so the risks are worth understanding before you record.
What a Quitclaim Deed Actually Does
A quitclaim deed transfers whatever interest the grantor currently holds in the property, with no promise that the title is clean. If the grantor owns the property outright, the grantee ends up with full ownership. If the grantor owns nothing, the grantee receives nothing, and has no legal recourse against the grantor if problems surface later.
That is why quitclaim deeds are usually used between people who already trust each other: spouses adjusting title during or after a divorce, a parent adding a child, or an owner moving property into their own trust. They are rarely used in arms-length sales, where buyers expect the title protection a warranty deed provides. Because the grantee inherits any unpaid liens, back taxes, or competing claims attached to the property, running a title search through the county’s official records before accepting the deed is the only reliable way to find out what you are taking on.
Information the Deed Must Contain
Florida prescribes a specific form for quitclaim deeds.1Florida House of Representatives. Florida Statutes 689.025 – Form of Quitclaim Deed Prescribed Gather the following before you start filling it out:
- Full legal names and post office addresses for both the grantor (person giving up the interest) and the grantee (person receiving it).
- The legal description of the property — the metes-and-bounds or lot-and-block description from the most recently recorded deed. A street address or parcel number does not substitute for this.
- The Florida county where the property is located, which also tells you where to file.
- The consideration, meaning the amount of money or value being exchanged. For family transfers this is often a nominal figure like $10.
- The parcel identification number from your most recent property tax bill or the county property appraiser’s website. It does not replace the legal description, but it helps the appraiser update records correctly.
Spell the grantor’s name exactly as it appears on the most recently recorded deed. Even a missing middle initial can muddy the chain of title and complicate a future sale or refinance.
Every Florida deed must also show the name and address of the person who prepared it.2Florida Senate. Florida Code 695.26 – Requirements for Recording Instruments Affecting Real Property If you drafted it yourself, put your own name and address in that line. Clerks reject deeds missing this detail.
Signing, Witnesses, and Notarization
Florida law requires the grantor to sign the deed in the presence of two witnesses, who also sign.3The Florida Legislature. Florida Statutes 689.01 – How Real Estate Conveyed Each witness must have their printed name and post office address legibly shown beneath their signature line.2Florida Senate. Florida Code 695.26 – Requirements for Recording Instruments Affecting Real Property Witnesses should not be parties to the transfer.
A notary public must perform an acknowledgment, verifying the grantor’s identity through government-issued ID or personal knowledge and applying an official seal.4The Florida Legislature. Florida Statutes 117.05 – Use of Notary Commission The notary’s certificate must say which method of identification was used. Without the notary acknowledgment, the clerk will not record the deed.
Recording the Deed With the Clerk
Once the deed is signed, witnessed, and notarized, deliver it to the Clerk of the Court in the county where the property is located. Most clerks accept filings in person, by mail, or through electronic recording platforms. E-recording typically requires an account with a third-party vendor and can speed things up.
The base recording fee set by statute is $5.00 for the first page and $4.00 for each additional page.5The Florida Legislature. Florida Statutes 28.24 – Service Charges by Clerk of the Circuit Court Various statutory surcharges are added on top, and the total varies by county, so check with your local clerk’s office before submitting.
After recording, the clerk stamps the deed with a book, page number, and date, and returns the original to the filer, usually by mail within a few business days. Keep the recorded copy; it is your proof of the transfer for any future sale, refinance, or dispute.
Documentary Stamp Tax
Florida charges a documentary stamp tax on deeds at $0.70 for every $100 of consideration, due at the time of recording.6Justia Law. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property or Interests in Real Property Consideration includes any mortgage or lien the grantee takes on, not just cash paid.
For a parent gifting property to a child with $10 stated consideration, the tax is minimal: $0.70. But if the property carries a $200,000 mortgage that the grantee assumes, the tax is calculated on that balance and comes to $1,400.
Florida does exempt transfers of homestead property between spouses when the only consideration is the existing mortgage balance.7Florida Department of Revenue. Documentary Stamp Tax In that situation no documentary stamp tax is due.
Risks to Weigh Before You Record
A recorded deed is hard to unwind, and the collateral effects on mortgages, property taxes, income taxes, and benefits eligibility often matter more than the filing itself.
The Mortgage Does Not Transfer With the Deed
Transferring title does not transfer the loan. If you are on the promissory note, signing a quitclaim deed does not remove your obligation to repay. The grantee gets ownership; you remain personally liable to the lender unless the loan is refinanced in the grantee’s name or the lender releases you in writing.
Most mortgages also contain a due-on-sale clause, letting the lender demand full repayment if the property is transferred without approval. Federal law blocks lenders from enforcing the clause on residential properties with fewer than five units in certain situations, including:8Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions
- Transfers to a spouse or children.
- Transfers on the death of a joint tenant or by inheritance.
- Transfers ordered or agreed to in a divorce, legal separation, or property settlement.
- Transfers into a living trust in which the borrower remains a beneficiary and occupancy does not change.
Outside those protected categories, deeding mortgaged property to a friend or unrelated party could trigger a demand for immediate payoff. Call the lender before you record.
Homestead Exemption Can Reset
If the property carries a Florida homestead tax exemption, a transfer by quitclaim deed can remove it. The new owner generally must file a new homestead exemption application by March 1 of the year following the transfer. Missing that deadline can mean reassessment at full market value and a sharply higher tax bill, even for transfers between close family members.
Gift Tax Reporting and Capital Gains Basis
When property changes hands for little or no money, the IRS may treat the transfer as a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient.9Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 If the fair market value of the interest you transfer tops that, you must file IRS Form 709 to report the gift.10Internal Revenue Service. Instructions for Form 709 Filing the form rarely means paying tax, because the lifetime exemption absorbs most gifts, but the reporting requirement still applies.
The larger cost often lands on the grantee at resale. A gifted property keeps the donor’s original tax basis rather than resetting to current market value.11Office of the Law Revision Counsel. 26 U.S. Code 1015 – Basis of Property Acquired by Gifts and Transfers in Trust If a parent bought a house for $80,000 and quitclaims it to a child when it is worth $350,000, the child’s basis is $80,000, and a later sale at $400,000 could expose $320,000 to capital gains tax. Inherited property, by contrast, gets a stepped-up basis to fair market value at death. For that reason, quitclaim transfers are often a poor estate-planning substitute for a will or trust.
Medicaid Look-Back Period
Transferring property for less than fair market value can jeopardize Medicaid long-term care eligibility. Federal law uses a 60-month look-back: if Medicaid finds that you gave away property within five years of applying, it imposes a penalty period of ineligibility for nursing home and long-term care coverage.12Office of the Law Revision Counsel. 42 U.S. Code 1396p – Liens, Adjustments and Recoveries The penalty is calculated from the value of the transferred property, and there is no cap on how long it can last. If you or a family member may need Medicaid in the coming years, talk to an elder law attorney before filing.