Overview
Misconceptions
Many people have misunderstandings about the Florida Quitclaim Deed form. Here are five common misconceptions:
- A Quitclaim Deed transfers ownership of property. This is partially true. A Quitclaim Deed does transfer ownership, but it only transfers whatever interest the grantor has in the property at the time of the transfer. If the grantor has no ownership, the deed does not create any ownership rights for the grantee.
- Quitclaim Deeds are only for transferring property between family members. While it is common to use Quitclaim Deeds in family transactions, they can be used in any situation where property ownership needs to be transferred. This includes sales, gifts, and even transfers between strangers.
- A Quitclaim Deed guarantees clear title. This is a misconception. A Quitclaim Deed does not guarantee that the title is clear or free of liens. The grantee takes the property "as is," meaning they assume any risks associated with the title.
- You do not need to file a Quitclaim Deed with the county. In Florida, it is essential to file the Quitclaim Deed with the local county clerk's office. Failing to do so can lead to issues with proving ownership in the future.
- Once signed, a Quitclaim Deed cannot be revoked. This is incorrect. While a Quitclaim Deed is effective upon signing, the grantor can revoke it if they have not yet recorded it. Once recorded, however, it becomes a matter of public record and cannot be undone without further legal action.
What to Know About This Form
What is a Florida Quitclaim Deed?
A Florida Quitclaim Deed is a legal document used to transfer ownership of real estate from one party to another. It conveys whatever interest the grantor has in the property, without guaranteeing that the title is clear or free of claims. This type of deed is often used between family members or in situations where the parties know each other well.
When should I use a Quitclaim Deed?
You might consider using a Quitclaim Deed when transferring property to a family member, adding or removing someone from the title, or during a divorce settlement. It is important to note that this deed does not provide any warranties, so it’s best used in situations where the parties are familiar with the property’s history.
How do I complete a Quitclaim Deed in Florida?
To complete a Quitclaim Deed in Florida, you will need to provide the names of the grantor (the person transferring the property) and the grantee (the person receiving the property). You must also include a legal description of the property and the date of the transfer. Both parties should sign the document in front of a notary public, and then it should be filed with the county clerk’s office.
Is a Quitclaim Deed the same as a Warranty Deed?
No, a Quitclaim Deed is not the same as a Warranty Deed. A Warranty Deed provides guarantees about the title, ensuring that the grantor has a clear title to the property and the right to sell it. In contrast, a Quitclaim Deed transfers whatever interest the grantor has, without any guarantees or warranties regarding the title.
Are there any fees associated with filing a Quitclaim Deed in Florida?
Yes, there are typically fees associated with filing a Quitclaim Deed in Florida. These fees can vary by county, but you should expect to pay a recording fee when you submit the deed to the county clerk’s office. Additionally, if the property is being transferred for value, documentary stamp taxes may apply.
Do I need an attorney to prepare a Quitclaim Deed?
What happens after I file a Quitclaim Deed?
After you file a Quitclaim Deed, the county clerk will record it in the public records. This officially documents the transfer of ownership. It is important for the grantee to keep a copy of the recorded deed for their records. The new owner may also want to update any property tax records or insurance policies to reflect the change in ownership.
Other Common State-specific Quitclaim Deed Forms
Quit Claim Deed Form Ny - A Quitclaim Deed can jointly name multiple grantors and grantees.
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Pennsylvania Quit Claim Deed Form - Information about the property being transferred, including legal descriptions, is necessary.
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How to Use Florida Quitclaim Deed
After completing the Florida Quitclaim Deed form, the next step involves ensuring that all parties involved understand the implications of the transfer. It is essential to have the document signed and notarized before submitting it to the appropriate county office for recording.
- Obtain a blank Florida Quitclaim Deed form. This can be found online or at a local office supply store.
- Enter the name of the Grantor (the person transferring the property) in the designated space. Make sure to include their full legal name.
- Enter the name of the Grantee (the person receiving the property) in the next section. Again, use the full legal name.
- Provide a description of the property being transferred. This should include the address and any legal description available, such as a lot number or parcel number.
- Fill in the date of the transfer in the appropriate area.
- Have the Grantor sign the document in the designated signature line. Ensure that the signature matches the name provided earlier.
- Find a notary public to witness the signing. The notary will need to sign and stamp the document, confirming the identity of the Grantor.
- Make copies of the completed and notarized Quitclaim Deed for your records.
- Submit the original Quitclaim Deed to the county clerk’s office in the county where the property is located. Be prepared to pay any required recording fees.