Transferring ownership of real estate in Florida doesn’t always require a traditional sale. One of the fastest ways to transfer title — especially between family members or ex-spouses — is through a quitclaim deed Florida property transfer. It’s quick, relatively simple, and avoids the need for title guarantees.
But is it always the best option?
In this post, we’ll break down how a quitclaim deed Florida property transaction works, when it’s appropriate to use one, and why it may carry legal risks if used in the wrong context — especially when selling or gifting real estate in Florida.
Quitclaim Deeds in Florida
- A quitclaim deed transfers ownership with no warranties or guarantees.
- It’s fast, simple, and often used for family transfers, divorces, or adding/removing someone from title.
- It does not guarantee the title is clear of liens or other ownership claims.
- It should not be used in most traditional real estate sales.
Let’s dig into the details.
What Is a Quitclaim Deed?
A quitclaim deed is a legal document that transfers whatever ownership interest a person (the grantor) has in a property to another person (the grantee).
Unlike a warranty deed, it doesn’t make any promises about:
- Whether the title is clear
- Whether the person transferring ownership even legally owns the property
- Whether there are any liens or disputes on the title
It simply says: “Whatever interest I have in this property, I’m giving it to you.”
That’s it.
When Is a Quitclaim Deed Used in Florida?
Quitclaim deeds are popular in non-sales situations — where the parties know and trust each other.
Here are common Florida scenarios where a quitclaim deed makes sense:
Transferring Property Between Family Members
- Parents to children
- Siblings dividing inherited property
- Adding a spouse to the deed
Divorce or Separation
When one spouse keeps the home, the other may “quitclaim” their rights to the property after a divorce.
Creating or Modifying a Trust
You may transfer your home to a revocable living trust via a quitclaim deed.
Fixing Title Errors
Sometimes people use a quitclaim to correct a misspelled name or change ownership percentages in the records.
When NOT to Use a Quitclaim Deed
Quitclaim deeds have serious limitations and should not be used in these situations:
Selling a Home to a Stranger
There’s no title guarantee — so buyers have no protection if the title turns out to be defective.
Transferring a Property with a Mortgage
Many mortgages contain a “due-on-sale” clause. Using a quitclaim deed may trigger immediate repayment of the loan.
Transferring to Avoid Liens or Legal Action
A quitclaim deed doesn’t make your debt go away — and courts may reverse the transfer if it looks like you’re dodging creditors.
Estate Planning Without Legal Advice
Improper use of a quitclaim deed can disrupt probate, trigger unwanted taxes, or confuse inheritance rights.
Is a Quitclaim Deed Legal in Florida?
Yes — quitclaim deeds are fully legal in Florida. But they must meet certain requirements:
Florida Quitclaim Deed Requirements:
- Must be in writing
- Signed by the grantor (person giving away the property)
- Two witnesses must sign
- Must be notarized
- Filed with the Clerk of Court in the county where the property is located
It becomes part of the public record once recorded.
Risks of Using a Quitclaim Deed in Florida
Quitclaim deeds can be risky — especially if you don’t fully understand what’s being transferred.
1. No Title Protection
The recipient has no legal protection if there are:
- Unknown liens
- Ownership disputes
- Title defects
A warranty deed, by contrast, guarantees clear title.
2. No Automatic Mortgage Transfer
The mortgage doesn’t go with the deed. If you quitclaim a property, the original borrower is still liable unless the lender agrees to a change.
3. Tax Implications
Florida doesn’t charge income tax, but quitclaiming a house may still impact:
- Federal gift taxes
- Capital gains
- Property taxes (especially if the transfer isn’t exempt under Florida Homestead rules)
Pro tip: Always consult a tax professional before quitclaiming property.
Alternatives to a Quitclaim Deed in Florida
If you’re not sure a quitclaim deed is right, consider these options:
| Deed Type | Offers Title Protection? | Best Use Case |
|---|---|---|
| Warranty Deed | Yes | Traditional sales & real estate deals |
| Special Warranty | Partial | Commercial or investor sales |
| Quitclaim Deed | No | Divorce, family gifts, name fixes |
Can You Sell a House You Received via Quitclaim Deed?
Yes — but be cautious.
Before selling a Florida property received via quitclaim deed, you should:
- Check title with a title company or attorney
- Resolve any liens or disputes
- Make sure the deed was properly recorded
- Confirm mortgage status (if any)
Many buyers — especially those using loans — will require title insurance, which can’t be issued unless the title is clean.
That’s why selling to a cash buyer like Frank Jr. Buys Houses is a common route for homes transferred by quitclaim.
Selling a Quitclaim Deed Property in Florida — Fast & Easy
If you’ve inherited or received a home via quitclaim — and now you’re stuck with repairs, legal confusion, or just want to sell fast — we can help.
At Frank Jr. Buys Houses, we buy homes with:
- Quitclaim deed history
- Title clouds
- Inheritance issues
- Probate or pre-foreclosure situations
- No repairs or clean-up needed
We’re cash buyers in Orlando and surrounding areas who know how to work with complicated property transfers.
Why Homeowners Choose Frank Jr. Buys Houses
- We pay cash — no financing delays
- We buy as-is — no staging or repairs
- We cover closing costs
- We close in as little as 7–14 days
- We understand legal transfer issues, including quitclaims and probate
Call (305) 775-8750 Or Request a No-Obligation Cash Offer
FAQ: Quitclaim Deed Florida Property
What’s the main difference between a quitclaim deed and a warranty deed?
A warranty deed guarantees clear title, while a quitclaim deed offers no such promise — it just transfers “whatever interest” the person has.
Do I need a lawyer to use a quitclaim deed in Florida?
It’s not legally required, but strongly recommended — especially to avoid tax or title issues.
Can I quitclaim a house with a mortgage in Florida?
Yes, but the loan doesn’t transfer — and you could trigger a due-on-sale clause. Always check with your lender first.
Will quitclaiming my house avoid probate?
Not always. If the home isn’t held in a trust or titled properly (e.g., joint tenancy with right of survivorship), it may still go through probate.
Final Word: Think Before You Quitclaim
Quitclaim deeds are fast and convenient — but they come with real risks.
If you’re transferring property in Florida, especially involving family, divorce, inheritance, or estate planning, make sure you:
- Know what you’re signing
- Understand your liabilities
- Consult a title professional or attorney when needed
And if you’ve received a Florida property via quitclaim and want to sell it quickly and cleanly — we can help. Get your cash offer today