Florida Quit Claim Deed Form
The official Florida Quit Claim Deed gives the owner of a property (a “grantor”) a means of efficiently transferring their ownership to a party referred to as the “grantee.” Because the form contains no warranties of title, it is usually reserved for use by those that have mutual trust for one another, such as family members. It can also be used for correcting mistakes on a title. The reason many individuals seek to create this deed type is that the form is straightforward to complete, with far fewer requirements than those found in a standard warranty deed.
While Quit Claim Deeds may be created, executed, and recorded in Florida, state laws do not provide specific guidance regarding them. Instead, laws exist regarding conveyances of real estate, under which Quit Claim Deeds fall. The two (2) primary chapters of the Florida Statutes that are relevant are noted above.
Names and addresses of Grantor and Grantee (§ 695.26(1)(a)(f)): The names and post-office addresses of both the Grantor and Grantee must be legibly printed, typewritten, or stamped upon the Quit Claim Deed.
Homestead Deeds (§ 689.111(2)): In cases where the Deed concerns a property under the ownership of a married person, there is a “requirement that husband and wife join in the conveyance.” As per the terms of this provision, the other spouse to join in the conveyance by executing a Power of Attorney.
Page border requirements (§ 695.26(1)(e)): Specific page border requirements must be attended to in order for the document to be correctly filed. That is, a 3 inch (3″) by 3 inch (3″) space at the top right-hand corner on the first page and a 1 inch (1″) by 3 inch (3″) space at the top right-hand corner on each subsequent page must be kept blank.
Recording Transmittal Sheet: Florida’s counties may have specific rules that must be followed. Most of Florida’s sixty-seven (67) counties require a county-specific Recording Transmittal Form to be filed with the Quit Claim Deed. Each county should have this resource available on the official website of their Clerk of the Circuit Court.
Signing requirements (§ 695.26(1)) The party executing the form must sign it above their name, of which must be legibly printed, typewritten, or stamped. Two (2) witnesses must be present at the time of signing. The Deed must also be acknowledged by a party who is authorized to take acknowledgments or proofs, such as a Notary Public.
The witnesses and the party taking the acknowledgment must all sign the form above their printed, typewritten, or stamped names.
How to file a Quit Claim Deed in Florida (§ 695.26(1)): A Quit Claim Deed in Florida must be filed with the Clerk of the Circuit Court in the county the property is situated. To determine if there are any specific county filing requirements or fees, the parties to a Deed are recommended to refer to the official county website relevant to their Deed.
§ 695.01 of the Florida Statutes makes it clear that the state upholds a “notice recording statute”. By implication, if one party executes a Quit Claim Deed but does not file it, and a bona fide purchaser of the same property executes their conveyance, the bona fide purchaser will be granted the legal right to the property because they did not have sufficient “notice” about the other party’s Quit Claim Deed.
Thus, it is essential for a Quit Claim Deed to be duly filed with the clerk of the circuit court as soon as possible.