Wrong legal description
A street address and parcel number are not substitutes for the complete legal description. A mistake can omit land or affect the wrong parcel.
Florida deed education • Episode 1
Quitclaim Deeds in Florida Avoid Costly Title Mistakes.
A quitclaim deed can transfer an ownership interest—but it does not promise that title is clear, release anyone from a mortgage, or automatically solve a probate, divorce, homestead, or estate-planning problem.
Plain-English guidance before you sign.
Confirm the owners, legal description, liens, loan, homestead status, tax consequences, and intended result.
Confirm the owners, legal description, liens, loan, homestead status, tax consequences, and intended result.
Episode 1 • Quitclaim Deed Mistakes & Title Insurance
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What it really does
A quitclaim deed transfers only the interest the signer has—if any.
The person transferring an interest is the grantor. The recipient is the grantee. If a properly prepared, signed, delivered, and accepted deed is effective, the grantee receives the interest conveyed by the grantor.
The deed does not promise that the grantor owns the property, that the title is marketable, or that mortgages, judgments, taxes, association claims, restrictions, or other liens have been cleared.
Quitclaim deeds may appear in family, divorce, trust, business, correction, or estate-planning situations. The right document and process depend on the facts; the label alone does not make a transfer appropriate or effective.
Common trouble spots
Six mistakes that can create title problems
Most deed problems are easier and less expensive to prevent before recording than to unwind afterward.
Names or ownership are unclear
Marital status, trust or company capacity, and the way multiple people hold title can change the result.
Signing formalities are missed
Witnesses, acknowledgment, addresses, preparer information, and other current requirements must be handled correctly.
Homestead rights are ignored
Florida homestead and spousal protections can apply even when the public record does not look the way someone expects.
The mortgage is misunderstood
Changing title does not release a borrower from the loan and may affect lender rights, insurance, or future financing.
Taxes and benefits are overlooked
Documentary stamp tax, property-tax treatment, gift and estate issues, creditor exposure, and benefit eligibility may matter.
Do not confuse the two
Quitclaim deed vs. owner’s title insurance
A deed transfers an interest. A title policy provides contract coverage against specified covered title risks. One does not replace the other.
| Quitclaim deed | Owner’s title insurance |
|---|---|
| Transfers whatever interest the grantor has, if any | Protects the named insured against specified covered title risks |
| Generally provides no warranty that title is clear | Coverage depends on the issued policy, exclusions, exceptions, conditions, and amount |
| Does not perform a title search by itself | Is commonly issued after title examination and completion of policy requirements |
| Does not automatically defend the grantee from claims | May provide defense or loss protection for covered claims under the policy |
Before signing or recording
Use this nine-point deed review checklist
Every situation is different, but these questions expose many of the risks before they become recorded title problems.
- Confirm the current vested owners through appropriate title work.
- Verify the complete legal description and exact interest being transferred.
- Identify mortgages, liens, judgments, taxes, associations, and restrictions.
- Determine whether homestead, spouse, trust, entity, guardianship, or probate rules apply.
- Review documentary stamp, property, gift, income, benefit, and estate implications with qualified advisers.
- Confirm how the new owners should hold title and the intended survivorship result.
- Review lender and insurance implications before the transfer.
- Use current execution, witness, acknowledgment, and recording requirements.
- Ask how the transfer affects existing or future title-insurance coverage.
Florida quitclaim deed FAQ
Questions homeowners ask most often
Does a quitclaim deed prove that the grantor owns the property?
No. It transfers the interest the grantor has, if any, without the title warranties associated with other deed forms. Title research and professional review are separate steps.
Does a quitclaim deed remove someone from the mortgage?
No. A deed does not by itself release a borrower from the note or mortgage. A lender-approved assumption, refinance, payoff, or written release may be needed.
Can a quitclaim deed transfer property between family members?
It can be used in some family transfers, but family status does not eliminate title, homestead, spouse, tax, creditor, loan, benefit-eligibility, or estate-planning consequences.
Does recording a quitclaim deed make every defect valid?
No. Recording provides public notice and may affect priority; it does not cure forgery, incapacity, an incorrect legal description, missing authority, or every other defect.
Continue your research
Helpful Veterans Approved Title resources
Florida title and closing servicesUnderstand the agency’s Florida role and services.Title cost calculatorEstimate common Florida closing and title charges.Wire fraud preventionProtect funds and verify instructions safely.
Educational and jurisdiction notice: This page provides general educational information, not legal, tax, probate, financial, or estate-planning advice. Deed consequences depend on the property, title, parties, loan documents, homestead status, and current law. Consult qualified Florida counsel and other appropriate professionals before preparing, signing, or relying on a deed. Georgia deed and closing questions require Georgia-qualified professionals and Georgia-specific analysis.
Official and professional sources
Florida deed and recording guidance
Last reviewed August 14, 2026.
Florida Statutes § 689.01Current execution and conveyance requirements for Florida real property.Florida Department of Revenue: documentary stamp taxOfficial guidance on documentary stamp tax for deeds and other documents.The Florida Bar Journal: quitclaim-deed considerationsProfessional discussion of title, delivery, homestead, tax, and related risks.
Have a title question before a deed transfer?
Coordinate title research and closing support before the document is signed or recorded.