Quit claim deeds, and when not to use one
A quit claim deed transfers whatever interest the signer happens to have — which might be full ownership, a share, or nothing at all — and warrants absolutely none of it. It is a fast, cheap instrument for moving property between people who already trust each other, and a poor one for almost everything else.
If the person signing turns out not to own the property, or owns only half of it, or the title carries an old unreleased mortgage, you have no claim against them under the deed. A warranty deed promises clean title and gives you a remedy if that promise fails. A quit claim promises nothing, so there is nothing to fail.
The three Florida deeds, in order of protection
| Deed | What the signer promises | Typical use |
|---|---|---|
| General warranty deed | Clean title against all claims, including before they owned it | An ordinary arm’s-length sale |
| Special warranty deed | Clean title only for the period they owned it | Commercial sales, banks, estates |
| Quit claim deed | Nothing at all | Family transfers, adding or removing a spouse, correcting a record |
When a quit claim is genuinely the right tool
- Adding or removing a spouse after marriage or divorce, where ownership is already known to both.
- Transferring into or out of a trust or a family entity.
- Correcting an error — a misspelled name, a wrong middle initial, a defective legal description.
- Clearing a possible cloud — asking someone who may have a claim to release whatever interest they have, which is exactly what the instrument is designed for.
- Gifting between family where everyone knows the history and nobody is relying on a promise.
When it is the wrong tool
- Buying from a stranger. This is the big one. If someone selling you property offers a quit claim deed, the question to ask is why they will not warrant the title they are selling you.
- Any transaction where you are paying meaningful money. The premium for a proper deed and a title policy is small against the price of the property.
- Where you have not run a title search. A quit claim does not clear liens, mortgages, judgments or unpaid tax — they all survive the transfer and follow the property.
- Where a mortgage exists. Transferring the deed does not transfer the loan. The person on the note still owes it, and most mortgages contain a due-on-sale clause that a transfer can trigger.
One spouse signs a quit claim deed transferring the house to the other, and everyone believes the matter is settled. If both are on the mortgage, the person who signed away the house is still liable for the loan — they gave up the asset and kept the debt. Removing a name from a deed and removing it from a mortgage are entirely separate acts, and the second usually requires refinancing.
What it still costs and triggers
- Documentary stamp tax may apply. It is charged on consideration at $0.70 per $100†, and where a mortgage remains on the property the outstanding balance can count as consideration even in a gift — a surprise that catches families regularly.
- Recording. An unrecorded deed is a common failure. Record it with the county clerk; otherwise the transfer is invisible to everyone who matters.
- Homestead exemption. A transfer can affect it, and the $51,411† exemption plus any accumulated Save Our Homes cap is usually worth more than the paperwork. Confirm the position with the property appraiser before signing, not after.
- Two witnesses and a notary. Florida requires proper execution, and a deed signed casually may not be effective.
What it does not do
It does not clear a mortgage, remove a lien, satisfy a judgment, cancel unpaid property tax, or improve defective title. Every one of those follows the property, and a quit claim simply hands the new owner the same problems attached to a different name.
It also does not create ownership that the signer never had. A quit claim deed from someone with no interest in the property is a valid document that transfers nothing — which is the core of most quit claim fraud. That is a real scam pattern: a deed is recorded transferring a property the signer never owned, and it surfaces years later at a sale.
Related
Common questions
What is a quit claim deed in Florida?
A deed that transfers whatever interest the signer has in a property — possibly none — with no warranty of title at all. It is used for family transfers, trusts, corrections and clearing possible claims.
Does a quit claim deed remove someone from the mortgage?
No. Deed and mortgage are separate. Someone who signs away their interest in the house remains liable on the loan they signed, which usually requires a refinance to resolve.
Does a quit claim deed clear liens or unpaid taxes?
No. Liens, mortgages, judgments and unpaid property tax attach to the property and survive the transfer. The new owner receives the same encumbrances under a different name.
Do you pay documentary stamp tax on a quit claim deed in Florida?
Often yes. It is charged on consideration at $0.70 per $100, and where a mortgage remains on the property the outstanding balance can count as consideration even in a family gift.
Should I accept a quit claim deed when buying a house?
Almost never. If a seller will not warrant the title they are selling, that is the question to pursue. Use a warranty deed and an owner’s title policy for any purchase involving real money.
Deed requirements, documentary stamp tax and homestead consequences are set by Florida law but apply differently to each situation. A quit claim is simple to sign and hard to undo — take advice before using one on anything other than a straightforward family transfer.