A quit claim deed (often mis-typed ‘quick deed’) is a simple way to transfer property interest in Florida — but it’s not right for every situation. This guide explains how quit claim deeds work, when they’re the right tool, and how they differ from a warranty deed.” This captures both the correct spelling and the ‘quick deed’ misspelling naturally in the opening text.
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.
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.