A quitclaim deed transfers whatever interest the grantor has in a Florida property, with no warranty that the interest is good. It is the fastest way to move title between people who trust each other, and the riskiest way to buy from someone you do not. The correct term is quitclaim, not quick claim.
At Lumsden Law, we specialize in helping Florida residents navigate property transfers, estate planning, and real estate law with confidence and clarity. Here’s what you need to know before filing a quick deed claim in Florida.
What Is a Quick Deed Claim in Florida?
A quick deed claim, or quitclaim deed, is a legal instrument used to transfer ownership interest in a property from one person (the grantor) to another (the grantee) without warranties. This means the grantor is not guaranteeing they have clear title—only that they are transferring whatever interest they may have.
This method is often used for:
- Transferring property between family members
- Adding or removing a spouse after marriage or divorce
- Moving property into a trust
- Correcting a title defect
However, due to the lack of title protection, it’s not typically recommended for real estate sales between strangers.
Why Rights-of-Survivorship Matters
If you’re transferring property to a joint owner, it’s critical to understand why rights-of-survivorship matters. This legal designation ensures that if one owner dies, their interest in the property automatically passes to the surviving owner, without going through probate.
When creating a quitclaim deed in Florida, you must clearly state whether the ownership is joint tenants with rights of survivorship or tenants in common. The former provides legal protection and simplifies future ownership transitions—something that is particularly important in estate planning and family situations.
What Is Estate Planning and How Does It Relate?
Many people ask, “What is estate planning?” In simple terms, estate planning is the process of organizing and managing your assets so they’re properly transferred upon your death or incapacity. Using tools like quitclaim deeds, living trusts, and wills, you can avoid lengthy court procedures and ensure your loved ones are taken care of.
Quitclaim deeds can be an effective part of estate planning when transferring property to heirs, avoiding probate, or securing assets in a trust. However, improper use can lead to legal complications, such as title disputes or unintended tax consequences.
Do You Need a Lawyer for a Quick Deed Claim in Florida?
While it’s possible to fill out and file a quitclaim deed on your own, it’s highly recommended to consult with an attorney to ensure everything is done correctly. A small error in the legal description or omission of survivorship rights can result in major issues down the road.
At Lumsden Law, also known as lumsdenlaw, we help clients:
- Prepare and file accurate quitclaim deeds
- Structure deeds to include survivorship rights
- Incorporate deeds into broader estate planning strategies
- Resolve disputes related to property title and ownership
- Clarify quit-claim vs warranty deed
- When a quit-claim deed is used in Florida
- The process: drafting, signing, witnessing, notarising, recording
Frequently Asked Questions
A deed that transfers whatever interest the giver has in a property, with no guarantee of clear title — common between family or to fix title.
For transfers between people who trust each other — spouses, family, trusts — not arm’s-length sales, where a warranty deed protects the buyer.
No — it transfers ownership interest, not loan liability. The mortgage stays until refinanced or paid. We explain the implications.
Modest compared with the risk of getting it wrong — drafting plus recording fees and any documentary stamp tax. We quote clearly.
Yes, when properly drafted, signed, witnessed, notarised and recorded. The catch is it offers the recipient no title guarantee.
A warranty deed guarantees clear title; a quit claim makes no promises. Buyers want a warranty deed; family transfers often use quit claim.
It is a deed that transfers whatever interest the grantor has in a property to someone else, without warranting that the title is clear. It is fast but offers no title guarantee.
Typically for transfers between people who trust each other — adding or removing a spouse, transfers within a family, or as part of a divorce — not for a normal sale to a buyer.
Prepare the deed, sign it before a notary and two witnesses, and record it with the clerk in the county where the property sits.
Yes — “quick claim deed” is just a common misspelling of “quitclaim deed.” They mean the same thing.
A deed that transfers whatever interest the owner has in a property, without warranting that the title is clear.
The correct term is quitclaim deed — ‘quick claim’ is a common misspelling.
Typically between family, in divorce, to add or remove a spouse, or to transfer into a trust — situations where title guarantees aren’t needed.
It offers no warranty — the recipient inherits any liens or title defects, and it does not by itself remove mortgage liability.
Preparation and recording fees are modest; attorney drafting adds a fee. Verify Lumsden Law’s current pricing.
Quitclaim. “Quick claim deed” is a very common mishearing – the deed quits, meaning relinquishes, a claim. Both phrases refer to the same document.
It transfers whatever interest the grantor holds in the property, with no warranty that the title is clear or that they hold any interest at all.
Between people who trust each other and where title is not in question – adding or removing a spouse, transferring into a trust, correcting a name on a deed, or a transfer between family members.
Buying property from someone you do not know. A quitclaim gives you no protection if the title turns out to be defective. A warranty deed does.
No, and this is the single most common misunderstanding. A deed changes who owns the property. It does not change who owes the loan – that requires the lender to release or refinance.
Often yes. Florida imposes documentary stamp tax on deed transfers, and it can apply even where the stated consideration is nominal, particularly where there is an outstanding mortgage on the property.
It is signed before two witnesses and a notary, then recorded with the clerk of court in the county where the property sits. Check that county published fee schedule for the current recording charge.
Ready to File a Quitclaim Deed? Contact Lumsden Law Today
A quick deed claim may seem simple, but getting it wrong can be costly. Whether you’re transferring property within the family, as part of a divorce, or for estate planning purposes, the legal team at Lumsden Law is here to guide you every step of the way.
Contact us today to schedule a consultation and protect your property rights.