How to File a Quitclaim Deed in Florida
- Obtain the Paperwork
- Fill Out the Forms
- Notarize the Forms
- Deliver the Document to the Grantee
- File the Quitclaim Deed Forms and Pay the Fee
1. Obtain the Paperwork
To file a quitclaim deed, you’ll need to get the proper forms. You can find Florida quitclaim deed templates available online for download. You can also contact the local county clerk and pick up the correct forms from their office or download them off their website. Certain counties have specific formatting and language requirements, so do your research before selecting a form.
2. Fill Out the Forms
Next, you’ll need to gather the necessary information and fill out the form truthfully. Florida requires a quitclaim deed to contain the following information:
- The name and address of the party transferring ownership of the property (known as the guarantor)
- The name and address of the party receiving interest in the property (known as the guarantee)
- Any money or value provided to the guarantor for the interest in the property (known as consideration)
- The parcel number of the property and a brief description
- The name and address of the person who prepared the document
3. Notarize the Forms
In addition to filling out the form, you’ll need to have it witnessed and notarized. Florida law requires at least two witnesses for each signature on the deed. The notary counts as a witness; however, you may need to bring additional witnesses depending on the circumstance.
For instance, if two co-owners transfer their interest in a property, they’ll each need two witnesses (or four in total). The witnesses must also sign the deed in the notary’s presence, so be sure you have the appropriate number of parties with you.
4. Deliver the Document to the Grantee
You must also deliver it to the grantee for it to be valid. You can provide them with a copy, or filing it with the county clerk will also ensure an effective transfer. But it isn’t considered valid if you simply sign the deed and put it in a filing cabinet.
5. File the Quitclaim Deed Forms and Pay the Fee
Finally, you should make a copy of the deed, bring the original to the county clerk’s office, and ask them to file it for you. You may also be required to pay a small filing fee.
Where Do You File a Quitclaim in Florida?
Quitclaim deeds should be filed with the country clerk in the jurisdiction where the property is located. So, if you live in Miami but you’re transferring property in Tampa using a quitclaim deed, the document should be filed with the Hillsborough County Clerk in Tampa.
How Much Does It Cost to File a Quitclaim Deed in Florida?
It typically costs about $10 to file a 1-page quitclaim deed in Florida. However, if the document is longer, you may be required to pay an additional $8.50 per page. Remember that this is just the filing fee and does not include the consideration paid for the property or any necessary taxes.
Do You Need a Lawyer to File a Quitclaim Deed in Florida?
The state of Florida does not require you to use an attorney to file a quitclaim deed. You simply can download the form, sign and notarize it, then file it with the county clerk all on your own. However, if you’re confused about the process or legal implications of filing a quitclaim deed, consulting an attorney is always recommended.
When Should You File a Quitclaim Deed?
1. When Settling a Divorce
A quitclaim deed may be used to finalize a divorce settlement if one spouse agrees to relinquish their right to a property they jointly own.
2. When Transferring Property to an Entity You Control
You may use a quitclaim deed to transfer your property to a business entity such as an LLC or corporation you also control. You could also use a quitclaim deed to transfer property ownership to a trust for estate planning purposes.
3. When Transferring Property to a Family Member
Under certain circumstances, you may use a quitclaim deed to transfer property ownership to someone you know and trust, such as a direct family member. For instance, a parent gifting a home to their children may use a quitclaim deed to transfer ownership.
Filing a Quitclaim Deed in Florida Bottom Line
Ultimately, a quitclaim deed is a simple and efficient way to transfer property ownership between parties that does not require as much time and paperwork compared to executing a traditional deed. However, that’s because you’re bypassing the conventional processes that protect buyers, such as conducting a title search and confirming the ownership of the property. So, quitclaim deeds should only be used under specific circumstances where you trust the guarantor is being honest about their interest in the property.