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Florida, United States

Florida Quitclaim Deed

Transfer your interest in a Florida property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with Florida’s signing rules built in. Free, no signup.

Reflects current Florida rules · 2026Official source linkedFree PDF · no signup · nothing uploaded

Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

Florida deed rules · as of 2026

Witnesses (besides notary)
2 required
Where to record
Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller
Transfer tax
Yes — see below

Source: Fla. Stat. § 689.01 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.

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Your entries auto-save in this browser (only on your device). Drawn signatures ship in the PDF; the Word file keeps the signature line blank. When at least one party has signed, the PDF and Word file end with a signature certificate (who signed, when, and a SHA-256 fingerprint you can check later). If you use “Send to the other party”, the document travels inside the link you share — not through us.

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Generated with SealFormsReflects Florida law · verified 2026

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    When a quitclaim deed is the right tool — and when it isn't

    • Right: adding or removing a spouse after marriage or divorce, transferring into your living trust or LLC, gifts between family members, clearing a title cloud.
    • Wrong: buying property from someone you don't know — a quitclaim carries no warranty of title. Use a warranty deed and title insurance for purchases.

    Florida signing & recording

    Yes — Florida requires 2 witnesses in addition to notarization (Fla. Stat. § 689.01 — conveyance of an estate of freehold must be signed in the presence of two subscribing witnesses (remote/electronic witnessing authorized; witnesses not required for leases); witnesses attest the GRANTOR's signature; it is commonly accepted that the notary may double as one of the two witnesses, as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording. Record the signed deed with the Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller. Transfer tax: Documentary stamp tax, Fla. Stat. § 201.02: $0.70 per $100 of consideration ($0.60 + discretionary surtax in Miami-Dade); the balance of any mortgage counts as consideration even on a gift, so quitclaiming encumbered property triggers tax on the mortgage share; an unencumbered no-consideration deed owes only the minimum $0.70 stamp Check the current Florida deed rules before recording.

    Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.

    Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗

    Frequently asked questions

    Does a quitclaim deed guarantee I own the property?

    No — and this is the single most important thing to understand. A quitclaim deed transfers only whatever interest the grantor actually has, with no warranty of title. If the grantor's title is defective or they own nothing, the grantee receives nothing and has no claim against them. That is why quitclaims are used between people who trust each other (family, divorce, trusts) — for a purchase from a stranger, use a warranty deed and title insurance.

    Does Florida require witnesses on a quitclaim deed?

    Yes — Florida requires 2 witnesses in addition to notarization (Fla. Stat. § 689.01 — conveyance of an estate of freehold must be signed in the presence of two subscribing witnesses (remote/electronic witnessing authorized; witnesses not required for leases); witnesses attest the GRANTOR's signature; it is commonly accepted that the notary may double as one of the two witnesses, as of 2026). Our template includes the witness signature lines. Getting this wrong is one of the most common reasons a deed is rejected for recording.

    Where do I record the deed in Florida?

    With the Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.

    Is there a transfer tax in Florida?

    Documentary stamp tax, Fla. Stat. § 201.02: $0.70 per $100 of consideration ($0.60 + discretionary surtax in Miami-Dade); the balance of any mortgage counts as consideration even on a gift, so quitclaiming encumbered property triggers tax on the mortgage share; an unencumbered no-consideration deed owes only the minimum $0.70 stamp Check the current rate and exemptions before recording — the recorder will not accept the deed without the required tax forms or stamps.

    Can I use a quitclaim deed to remove someone from a mortgage?

    No. A deed changes who owns the property — it does not touch the loan. If both names are on the mortgage, both remain liable until the loan is refinanced or the lender releases the borrower, no matter what the deed says. Signing away your ownership while staying on the loan is usually the worst of both worlds.

    How does Florida compare? See the deed witness requirements in all 50 states, every rule cited to statute.

    How Florida compares

    Computed from our 51-jurisdiction dataset (as of 2026). Source for Florida: Fla. Stat. § 689.01 ↗.

    • Florida is one of 38 of 51 jurisdictions that charge a transfer or documentary tax when a deed is recorded (13 charge no state transfer tax on deeds).
    Witnesses required (beyond the notary)

    Witnesses required (beyond the notary): 2 — about Infinity× the national median of 0 across the 51 states with a statutory rule.

    Ranked #1 of 51 states (tied with 3) — higher means more witnesses at signing.

    3 other states use the same figure.

    Witnesses required (beyond the notary) in neighboring states — Alabama (0), Georgia (1). Florida's 2 is the longest among its neighbors.

    Quitclaim deed in other states

    More Florida legal forms

    Different state? See quitclaim deeds by state →