How to Fill Out and Record a Florida Quit Claim Deed Form

A Florida quitclaim deed transfers whatever interest the grantor currently holds in a piece of real property to the grantee, with no guarantees about the quality of that title. To make the transfer stick, you fill out the statutory form in Florida Statutes § 689.025, have the grantor sign before two witnesses and a notary, and record the deed with the Clerk of the Circuit Court in the county where the property sits. Because the document offers no protection against liens or competing claims, it is most commonly used between family members, between spouses, to move property into a living trust, or to clear up a title defect.

Information to Gather Before You Draft

The statutory form requires the full legal name and post-office address of both the grantor and the grantee.¹ Use names exactly as they appear on government-issued identification, including middle names and suffixes. Pulling the most recent recorded deed from the county’s official records will show how the grantor’s name appears in the chain of title. If the name on current ID differs from the name on the prior deed (because of a marriage or legal name change), include both versions on the new deed to preserve continuity.

You also need the property’s full legal description, not just the street address. This is the lot-and-block reference or metes-and-bounds description found on the prior deed or in the county’s official records. Copy it exactly, character for character. A sloppy or abbreviated legal description can cloud the title and force the grantee to file a quiet title action to fix it later.

The form includes a blank space for the Property Appraiser’s parcel identification number, and you should fill it in before submitting the deed for recording. Leaving it blank does not invalidate the deed or stop the clerk from recording it.² The parcel ID links the deed to the correct tax record; it is not a substitute for the legal description.

Finally, settle on the consideration amount. For most family quitclaim deeds the stated consideration is nominal (“$10 and other good and valuable consideration”), but the figure matters for calculating documentary stamp tax at recording.

If the Property Is Homestead, Both Spouses Must Sign

If the property is the grantor’s homestead and the grantor is married, both spouses must sign the deed, even if only one spouse holds title. The Florida Constitution requires the homestead owner and spouse to join in any sale, mortgage, or gift of homestead real estate.³ A quitclaim deed signed by only one spouse when the property qualifies as homestead is voidable, meaning the non-signing spouse can later challenge and undo the transfer. This is the single most common mistake on Florida quitclaim deeds involving a primary residence, and it can unravel a transaction years after the fact.

Filling Out the Form

Section 689.025 lays out the language the deed should follow “in substantially the following form,” so minor wording variations are acceptable as long as the key elements are present.¹ Most county clerk websites and legal document providers offer pre-printed versions with blank fields that track the statutory language. The fields you need to complete:

Date of execution (the day, month, and year the grantor signs).
Grantor’s full legal name and post-office address.
Grantee’s full legal name and post-office address.
Consideration, as a dollar amount or statement of value, even if nominal.
The Florida county where the property is located.
The complete legal description, typed or printed exactly as it appears on the prior deed.
The Property Appraiser’s parcel identification number in the designated blank.

Type or print everything. Handwritten legal descriptions invite transcription errors that create title problems later.

Signing, Witnessing, and Notarization

The grantor must sign the deed in the presence of two subscribing witnesses, and those witnesses must also sign.⁴ Florida law allows witnesses to participate remotely through audio-video communication technology, so a fully remote signing is possible as long as the statutory requirements for electronic witnessing are met. Witnesses do not need to be disinterested parties under the conveyancing statute, but the grantee should not serve as a witness, because it creates an obvious conflict.

A notary public must then acknowledge the grantor’s signature. The notary’s rubber-stamp seal must include the words “Notary Public–State of Florida,” the notary’s printed name, commission number, and commission expiration date.⁵ The notary’s name must also be printed or typed beneath the notary’s signature.

Formatting Rules the Clerk Will Enforce

Before submitting the deed, check it against the formatting requirements in Florida Statutes § 695.26. The clerk will reject a deed that does not comply, or charge an extra fee to process it:⁶

Leave a 3-inch by 3-inch blank at the top right corner of the first page, and a 1-inch by 3-inch blank at the top right corner of every additional page, for the clerk’s recording stamp.
Every person who signs the deed (the grantor, each witness, and the notary) must have their name legibly printed, typed, or stamped directly below their signature.
The post-office address of each signer must appear on the deed. Witnesses’ addresses must be included.
The name and post-office address of the person who prepared the deed (or supervised its preparation) must appear on the document, typically in the upper left corner or a “Prepared By” block.
Each grantee’s name and post-office address must be legibly printed, typed, or stamped on the deed.

Missing any one of these items is enough for the clerk to refuse recording. Run through the list before you drive to the courthouse or drop the deed in the mail.

Recording the Deed

Submit the completed deed to the Clerk of the Circuit Court in the county where the property is located. You can record in person, by certified mail, or through a third-party electronic recording vendor. Each county sets its own hours for recording services, and some close the recording window earlier than general office hours, so call ahead if you are going in person.

Recording Fees

The clerk’s recording fee is set by Florida Statutes § 28.24 and combines a base charge with surcharges that fund court technology and records modernization. The total comes to $10.00 for the first page and $8.50 for each additional page.⁷ If the deed names more than four parties, add $1.00 per additional name. Payment methods vary by county.

Documentary Stamp Tax

Florida imposes a documentary stamp tax on every deed that transfers an interest in real property. The standard rate is $0.70 for each $100 (or fraction of $100) of consideration.⁸ “Consideration” is broadly defined: it includes the cash price, any debt assumed or discharged, and the balance of any mortgage or lien on the property, whether or not the grantee formally assumes that mortgage. So if you quitclaim a property for $10 but a $200,000 mortgage remains on it, the tax is calculated on $200,000, not $10. Miami-Dade County uses a different rate structure, with a $0.60 per $100 base rate plus a $0.45 per $100 county surtax that does not apply to transfers of a single-family dwelling.⁹

Exemptions Worth Knowing

Several common quitclaim scenarios qualify for an exemption from the documentary stamp tax:⁹

A deed between spouses when the property is homestead and the only consideration is the existing mortgage balance.
A deed between spouses or former spouses under a dissolution of marriage, as long as the property was the marital home at the time of divorce. If the property is not the marital home, tax applies based on the full consideration including any mortgage.
A personal representative’s deed issued under a duly probated will.
A transfer back from an agent to the principal, when the agent bought the property with the principal’s funds.

One exemption that does not exist: transfers into a trust for estate-planning purposes. The Florida Department of Revenue has stated there is no specific exemption for documents transferring real property for estate planning. If you quitclaim your home into a revocable living trust and there is an outstanding mortgage, expect to pay documentary stamp tax on the mortgage balance.

After the Clerk Records

Once the clerk accepts the deed, it is assigned an Official Records book and page number, scanned into the public record, and the original is returned to the grantee or the return address listed on the document. Recording creates public notice of the transfer, which protects the grantee’s interest against later claims by third parties.

The Mortgage Does Not Go With the Deed

A quitclaim deed transfers title. It does not transfer or release the mortgage. If the grantor has a mortgage on the property, that loan stays in the grantor’s name after the deed is recorded, and the grantor remains personally liable for every payment. If the grantee stops paying, the grantor’s credit takes the hit.

Most mortgage agreements also include a due-on-sale clause that allows the lender to demand full repayment if the property is transferred without lender approval. Federal law limits when lenders can enforce that clause on residential property with fewer than five units. Under the Garn-St. Germain Act, a lender cannot accelerate the loan for several types of transfers common in quitclaim deed situations:¹⁰

Adding a spouse to title or transferring the property to a child.
Moving the property into an inter vivos trust where the borrower remains a beneficiary and keeps occupancy rights.
A transfer resulting from a dissolution of marriage or property settlement agreement.
A transfer by operation of law after the death of a joint tenant or tenant by the entirety.

Transfers that fall outside these categories, such as quitclaiming property to an unrelated person or to a business entity, give the lender the legal right to call the loan due. Even when the exemption applies, contacting the lender before recording is the safer move. Sorting out a wrongly triggered acceleration after the fact is expensive and stressful.

Homestead Exemption Resets After the Transfer

Recording a quitclaim deed that changes ownership of homestead property can reset the property’s tax assessment. Florida’s “Save Our Homes” cap limits annual assessment increases to 3 percent or the rate of inflation, whichever is lower, as long as the same owner maintains the homestead exemption. When title changes hands, the property appraiser may reassess the property at full market value, which can produce a sharp jump in the tax bill.

The new owner must file a new homestead exemption application with the county property appraiser. The deadline is March 1 of the year for which you want the exemption, and missing it waives the exemption for that entire year. To qualify, the applicant must hold legal or beneficial title, be a Florida resident, and live on the property as of January 1.

Federal Gift Tax Reporting

When property is transferred by quitclaim deed for less than fair market value, the IRS treats the difference as a gift. For 2026, the annual gift tax exclusion is $19,000 per recipient, or $38,000 if a married couple elects to split gifts.¹¹ If the fair market value of the property interest transferred exceeds the exclusion, the grantor must file IRS Form 709 (United States Gift and Generation-Skipping Transfer Tax Return) for that tax year. Filing the return does not necessarily mean owing tax; it uses a portion of the grantor’s lifetime exemption. But failing to file when required can trigger penalties.

Transfers between spouses who are both U.S. citizens qualify for the unlimited marital deduction and do not require a gift tax return regardless of value. Transfers incident to divorce are also generally not treated as taxable gifts.

1
Florida Senate. Florida Code 689.025 – Form of Quitclaim Deed Prescribed
2
Florida Legislature. Florida Code 689.025 – Form of Quitclaim Deed Prescribed
3
Florida Senate. The Florida Constitution
4
Florida Legislature. Florida Code 689.01 – How Real Estate Conveyed
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Florida Senate. Florida Code 117.05 – Use of Notary Commission; Unlawful Use; Notary Fee; Seal; Duties
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Florida Legislature. Florida Code 695.26 – Requirements for Recording Instruments Affecting Real Property
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Florida Legislature. Florida Code 28.24 – Service Charges by Clerk of the Circuit Court
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Florida Legislature. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property
9
Florida Department of Revenue. Documentary Stamp Tax
10
Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
11
Internal Revenue Service. Gifts and Inheritances