Florida Real Estate Lawyer for Quitclaim & Warranty Deeds

How to Transfer Property in Florida

In Florida, title to real property is transferred by executing and delivering a written deed that meets statutory formalities. The deed must:

• Contain the full and accurate legal description (not just the property address)

• Clearly identify the current owner (grantor) and new owner (grantee)

• State the manner in which the new owner will hold title (vesting)

• Be signed by the grantor in the presence of two witnesses

• Be notarized

After execution, the deed should be recorded with the Clerk of Court in the county where the property is located. Recording protects the new owner against competing claims and establishes priority in the public records. Recording also places the transfer into the official chain of title relied upon by title companies and future purchasers.

If a deed is improperly executed or recorded with an inaccurate legal description, it can create defects that surface years later during refinancing or resale.

Quitclaim Deeds in Florida

A quitclaim deed transfers whatever ownership interest the grantor holds at the time of execution, without providing warranties of title. It does not guarantee that the property is free of liens, encumbrances, or title defects.

Quitclaim deeds are commonly used in:

• Transfers between spouses

• Divorce settlements

• Transfers between family members

• Moving property into or out of an LLC

• Estate planning adjustments

In these contexts, the transfer is often administrative or internal rather than a market sale. Because no warranties are given, the recipient assumes the risk of existing title defects. For that reason, quitclaim deeds are generally not used in arms-length purchase transactions involving unknown parties or institutional financing.

Warranty Deeds in Florida

A warranty deed conveys ownership with full covenants of title. These covenants typically include assurances that:

• The grantor holds valid title

• There are no undisclosed encumbrances

• The grantor will defend title against future claims

Warranty deeds are standard in residential and many commercial sales where consideration is exchanged and financing is involved. Lenders frequently require a warranty deed because it provides contractual protection in the event of title defects predating the transfer.

Unlike a quitclaim deed, a warranty deed can create continuing liability for the grantor if a prior title issue emerges. The selection of this instrument should reflect the negotiated allocation of risk between buyer and seller. In financed transactions, lenders and title insurers frequently require a warranty deed as a condition of closing.

Special Warranty Deeds

A special warranty deed limits the grantor’s warranties to the period during which the grantor owned the property. The grantor warrants that no title defects were created during their ownership, but does not warrant against defects that existed before they acquired title.

This form of deed is frequently used in commercial transactions, investor sales, and transfers between business entities. It reflects a narrower risk allocation and is often negotiated as part of broader deal structure in commercial real estate.

The difference between a warranty deed and special warranty deed is significant in transactions involving prior ownership history.

Deeds in the Context of a Real Estate Closing

In a purchase and sale transaction, the deed is one of several coordinated closing documents. It implements the transfer contemplated in the contract. The actual purchase price is reflected in the purchase agreement and closing statement, not necessarily on the face of the deed.

It is customary for deeds to recite nominal consideration such as “$10 and other valuable consideration.” This is standard language and does not indicate the true price paid. The deed’s primary function is to transfer title, not to restate the financial structure of the transaction.

The deed must align with the vesting selected by the buyer, satisfy spousal signature requirements where applicable, and conform to the title commitment issued prior to closing. Any inconsistency can delay recording or require corrective documentation.

Recording a Deed in Florida — Process and Costs

After execution, the deed must be recorded in the county where the property is located. Recording places the transfer into the official public record and establishes priority against future claims.

Recording fees vary by county and by page count. Typically, there is a base fee for the first page and lower fees for additional pages. While recording costs themselves are generally modest, documentary stamp tax can be substantial.

Florida documentary stamp tax on deeds is usually calculated at $0.70 per $100 of consideration in most counties, with a different rate structure in Miami-Dade County. If the property is subject to an existing mortgage, documentary stamp tax may be calculated based on the unpaid balance being assumed, even if no cash changes hands.

Transfers between spouses, transfers pursuant to divorce, or transfers into LLCs may trigger documentary stamp tax depending on how the transaction is structured.

Because documentary stamp tax is transaction-specific, it should be evaluated before the deed is executed and recorded. Improper calculation can result in recording rejection or later assessment by the Florida Department of Revenue.

Transferring Property to or from an LLC

Property owners often transfer real estate into an LLC for liability management or operational structuring. While this may provide strategic benefits, it must be reviewed in light of financing, tax, and exemption considerations.

If the property is encumbered by a mortgage, transferring title to an LLC may implicate a due-on-sale clause. Homestead exemption status may also be affected. In addition, title insurance coverage may not automatically extend to the entity unless properly endorsed.

Entity-related transfers often intersect with broader business structuring considerations. For entity formation and structuring, see our Business Formation services.

Ownership Structure and Vesting

When property is conveyed to more than one individual, the form of vesting determines survivorship rights and creditor exposure. Property may be held as joint tenants with right of survivorship, tenants in common, or, for married couples in Florida, as tenants by the entirety.

Each structure carries distinct legal consequences affecting inheritance, creditor protection, and transferability. The vesting language in the deed controls these rights and should be selected intentionally.

Corrective Deeds and Title Clarification

If a recorded deed contains an error—such as an inaccurate legal description, incorrect name, or defective execution—a corrective deed may be required. Title companies and lenders often require formal correction before refinancing or resale.

Because the public record determines ownership, informal attempts to correct mistakes can create additional complications. Where disputes arise over defective execution or prior ownership, resolution may require litigation.

Protect Your Property Transfer

A deed permanently changes ownership rights and becomes part of the public record. Before recording, the instrument should be reviewed for compliance with Florida execution requirements, documentary stamp tax implications, homestead considerations, and long-term title clarity.

If you are preparing a quitclaim deed, warranty deed, special warranty deed, or corrective deed, schedule a consultation with our real estate attorneys to ensure the transfer is structured properly from the outset.