A quitclaim deed is a simple way to transfer whatever interest you have in a property to someone else — but “whatever interest you have” is the key phrase. Unlike a warranty deed, a quitclaim makes no promises about the title. Understanding that difference matters before you sign one in Florida.
Quitclaim deed vs. warranty deed
A warranty deed guarantees the seller owns the property free of undisclosed liens and defends the title — that’s why it’s used in most home sales. A quitclaim deed simply releases the grantor’s interest, with no warranty. If there’s a hidden lien or title problem, the person receiving a quitclaim has little recourse.
When a quitclaim deed makes sense
- Adding or removing a spouse after marriage or divorce
- Transferring a home into your living trust
- Gifting property between family members
- Clearing up a clerical error or clouded title
Because there’s no title warranty, quitclaim deeds are generally not appropriate for an arm’s-length purchase from someone you don’t know.
Getting it right
Even a “simple” deed has to be drafted, executed, and recorded correctly — and Florida documentary stamp taxes may apply. Mistakes can cloud your title for years. Hochberger Law prepares and records deeds properly. Reach out before you transfer any property.
This article is general information about Florida law, not legal advice. Every situation is different — please consult a Florida attorney about your specific circumstances.