Florida Quitclaim Deed: Requirements, Recording and Doc Stamp Tax

A Florida quitclaim deed transfers whatever right, title and interest the grantor holds in a property, with no promise that the title is good, and since 2023 its form is prescribed by section 689.025 of the Florida Statutes. It must be signed in front of two subscribing witnesses (s. 689.01); to be recorded, the signature must also be acknowledged before a notary or other authorized officer (s. 695.03), and the deed is recorded by the clerk of the circuit court in the county where the land sits (s. 28.222). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida law on quitclaim deeds: the statutory form (s. 689.025), execution and recording rules (ss. 689.01, 695.01, 695.03, 695.26, 28.222, 28.24), homestead joinder under article X, section 4(c) of the Florida Constitution, the documentary stamp tax (ch. 201), the homestead assessment cap (s. 193.155) and the deed fraud tools in ss. 28.47 and 65.091. It does not cover title insurance, mortgage lender requirements, county fees or surcharges beyond the statutory clerk charges, federal gift or income tax, or the law of other states.

What a quitclaim deed does in Florida

A quitclaim deed hands over whatever interest the grantor has, if any. The form in s. 689.025 conveys "all the right, title, interest, claim, and demand which the said first party has in and to the following described parcel of land." It contains no warranty language, so the grantor does not promise that they own the property or that the title is free of other claims.

That is the key difference from a warranty deed, which Florida prescribes separately in s. 689.02. For a side-by-side comparison, see quitclaim vs. warranty deeds. Quitclaims are commonly used where the parties already know each other and the title, such as adding or removing a spouse or moving a home into a family member's name.

Florida's recording statute has one rule that favors quitclaim grantees. Section 695.01(2) says: "Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts." So taking title by quitclaim does not, by itself, put the new owner in a weaker position under the recording laws.

A deed transfers ownership; it does not rewrite the mortgage loan. Recording a quitclaim does not by itself release anyone from the loan, so ask the lender about a refinance or an assumption with a release before relying on the deed. Under federal mortgage servicing rules, a person who receives a home as a successor in interest is not personally liable for the mortgage debt unless they assume it under state law, but the lender keeps its security interest and its right to foreclose (12 CFR 1024.32(c)(1)).

Federal law also limits when a lender can call a home loan due because of a transfer. For a loan on residential property with fewer than five dwelling units, a lender may not enforce a due-on-sale clause over certain transfers, including one where the borrower's spouse or children become an owner, one under a divorce decree or separation agreement, and one into a living trust in which the borrower is and remains a beneficiary (12 U.S.C. 1701j-3(d)). The federal regulation adds occupancy conditions: for example, a spouse or child who becomes an owner must live or plan to live in the home, and a borrower who moves the home into a living trust must remain its occupant (12 CFR 191.5(b)). None of those exceptions changes who owes the loan, and a quitclaim outside that list can let the lender call the loan due, so check the loan documents and talk to the lender first.

Florida's statutory quitclaim form (s. 689.025)

The Legislature created s. 689.025 in 2023 (ch. 2023-238). It says a quitclaim deed of real property "must: (1) Be in substantially the following form," and then prints the form. The form's operative words are "remise, release, and quitclaim," and it recites the names and post-office addresses of both parties, a dollar amount plus "other good and valuable consideration," the county, and the legal description.

The statute also requires the legal description to be "legibly printed, typewritten, or stamped" on the deed. It calls for a blank space for the parcel identification number, but leaving that number out does not affect the deed's validity or whether it can be recorded.

We do not provide deed language to fill in. No state agency or statewide clerk fill-in quitclaim form is among the sources cited here, so the text of s. 689.025 is the official reference. A Florida lawyer can prepare the deed, and the clerk's office can answer recording questions but cannot give legal advice.

Execution requirements

A Florida quitclaim has to meet both the conveyance rules in chapter 689 and the recording rules in chapter 695. This checklist pulls them together.

Section 689.01 requires the deed to be "signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing" the interest. The statute allows that witnessing to be done through audio-video communication technology under s. 117.201, and no seal is needed.

Section 695.03 makes acknowledgment the gateway to recording: "To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated" in one of the forms the section lists.

The s. 695.26 format rules do not apply to instruments executed, acknowledged or proved outside Florida. If a clerk records a deed that misses one of them, the statute says that does not impair the validity of the recording.

Does a spouse have to sign?

For a homestead, yes. Article X, section 4(c) of the Florida Constitution says: "The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift." A married owner who quitclaims a homestead therefore needs the spouse to join in the deed, even when the spouse is not on title.

A deed directly from one spouse to the other is effective without the receiving spouse signing it (s. 689.11). The same constitutional provision also lets a married homestead owner transfer title by deed to an estate by the entirety with the spouse.

For property that is not a homestead, Florida abolished dower and curtesy (s. 732.111), the old marital rights in a spouse's land, and the joinder rule in article X, section 4(c) is written for homestead. How title is held still matters, since property the spouses own together needs both to sign, so ask a Florida lawyer before conveying non-homestead property without your spouse.

Recording a quitclaim deed in Florida

The clerk of the circuit court is the county recorder. Section 28.222 says the clerk "shall be the recorder of all instruments that he or she may be required or authorized by law to record in the county where he or she is clerk," and deeds go into the county's Official Records. To search what has already been recorded, see our guide to Florida property records.

Why recording matters

Florida's recording act is a notice statute. Section 695.01(1) says no conveyance "shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law." The statute does not say an unrecorded deed is void between the grantor and the grantee; what it loses is protection against those later creditors and buyers.

Recording fees

Section 28.24(13) sets the clerk's charges statewide for an instrument not more than 14 inches by 8 1/2 inches, "including required notice to property appraiser where applicable":

• $5.00 for the first page or fraction of a page
• $4.00 for each additional page or fraction
• a Public Records Modernization Trust Fund service charge of $1.00 for the first page and $0.50 for each additional page
• an additional service charge of $4 per page (s. 28.24(13)(e))
• $1.00 for each indexed name beyond four

Together those charges come to $10.00 for the first page and $8.50 for each additional page, plus any extra-name charge. Check your county clerk's fee page before you send payment. Documentary stamp tax is a separate payment.

E-recording

Florida law contemplates electronic recording. Section 28.222 directs the clerk to record certified paper printouts of electronically signed instruments "if the county recorder is not prepared to accept electronic documents for recording electronically." No statewide e-recording mandate appears in the statutes cited here, so whether your county accepts e-recording is a question for its clerk.

County forms

Florida has no statewide change-of-ownership or transfer declaration form for deeds. Some clerks ask for their own sheet. For example, the Alachua County clerk publishes a Real Property Transfer Information Sheet asking for the parcel ID, consideration, mortgage amount and documentary stamp category. That is one county's form, not a statewide requirement.

Documentary stamp tax on a quitclaim deed

Florida's documentary stamp tax under chapter 201 applies to deeds. The Department of Revenue lists "quit claim" deeds by name. The tax is paid to the clerk when the deed is recorded, and all parties are liable for it no matter which one agreed to pay.

Rate

Miami-Dade's separate rate and surtax come from s. 201.031, as the Department of Revenue describes it.

A mortgage counts as consideration

A quitclaim given as a gift is not automatically tax-free. The Department of Revenue says: "If the property being transferred has a mortgage on it, the balance of the mortgage at the time of transfer is consideration for the transfer." That applies whether or not the new owner assumes the loan, so a no-money deed of mortgaged property is taxed on the mortgage balance. When only part of the property changes hands, the Department of Revenue's examples use "the amount of the mortgage multiplied by the percentage of the interest transferred." A deed of property with no mortgage that recites only nominal consideration, such as "$10 or other good and valuable consideration," owes $0.70 in tax, according to the same examples.

Exemptions that fit common quitclaims

Section 201.02 exempts two kinds of transfers that often use quitclaims:

• Divorce deeds: a deed "between spouses or former spouses pursuant to an action for dissolution of their marriage wherein the real property is or was their marital home or an interest therein." For the wider divorce process, see our guide to Florida divorce laws.
• Homestead deeds between spouses: a deed that transfers homestead property between spouses "if the only consideration for the transfer or conveyance is the amount of a mortgage or other lien encumbering the homestead property at the time of the transfer."

Deeds into a trust or other estate-planning transfers have no exemption of their own. The Department of Revenue notes: "There is no specific exemption for documents that transfer Florida real property for estate planning purposes." The tax on such a deed depends on its consideration, including any mortgage balance.

Property tax effects

A quitclaim can change a homestead's property tax. Under s. 193.155, homestead property "shall be assessed at just value as of January 1 of the year following a change of ownership," which ends the capped assessment. A change of ownership includes any sale, foreclosure, or transfer of legal or beneficial title.

The statute lists exceptions, including transfers between spouses and transfers incident to a divorce, transfers by operation of law to a surviving spouse or minor children, and certain survivorship situations. Read the full list in s. 193.155 or ask your county property appraiser before you sign.

Two exceptions matter for owners changing who else is on title, and both apply only if, after the transfer, the same person is entitled to the homestead exemption as before. Under s. 193.155(3)(a)1.c, a deed in which "the owner is listed as both grantor and grantee of the real property and one or more other individuals are additionally named as grantee" is not a change of ownership. If an added grantee applies for a homestead exemption on the property, though, that application counts as a change of ownership. Under s. 193.155(3)(a)1.d, a deed in which the homestead owner is both grantor and grantee and others who held title with the owner as joint tenants with rights of survivorship are named only as grantors and removed from title is not a change of ownership either.

The homestead exemption itself belongs to a person who, on January 1, holds legal or beneficial title and in good faith makes the property a permanent residence (s. 196.031). An owner who quitclaims away all title may lose that footing, so check with the property appraiser how a transfer affects your exemption. A new owner who will live in the home and holds title on January 1 applies to the county property appraiser by March 1 of that year; a late application waives the exemption for that year unless the owner shows a postal error or the property appraiser accepts a late filing for extenuating circumstances (s. 196.011(1)(a), (8) and (9)).

Deed fraud protections

A 2023 law (ch. 2023-238) gave Florida owners two tools against deed fraud:

• Recording alerts (s. 28.47): every clerk had to offer a free recording notification service by July 1, 2024. Once you register a name or parcel ID, "a recording notification must be sent within 24 hours after the recording" of a deed, mortgage or other land record under it. Each email address can monitor at least five identities. The Highlands County clerk calls its version Property Fraud Alert.
• Quiet title for fraud (s. 65.091): "An action to quiet title based on a fraudulent attempted conveyance allegation may be maintained under this chapter." The statute provides a summary procedure, the court advances the case on its calendar, and the clerk must provide a simplified complaint form.

Transfer-on-death deeds and other alternatives

Florida's chapter 689, which governs conveyances of land, contains no transfer-on-death or beneficiary deed section. That statement covers that chapter (ss. 689.01 through 689.302) only; ask a Florida real estate lawyer about enhanced life estate deeds. For passing property at death, see our guide to Florida probate or ask a Florida lawyer.

If the buyer needs assurance about title, a warranty deed under s. 689.02 is the usual alternative to a quitclaim.

Common myths

"A quitclaim isn't valid until it's recorded." Florida's recording act does not say that. Section 695.01 makes an unrecorded deed ineffective against creditors and later buyers for value without notice. Recording promptly protects the new owner against those claims.

"A gift deed never owes documentary stamp tax." Not if the property has a mortgage. The Department of Revenue treats the mortgage balance as consideration for the transfer, and a deed reciting only nominal consideration still owes $0.70.

"A quitclaim takes me off the mortgage." A deed changes who owns the property, not who owes the loan. Talk to the lender about the loan itself.

Related

• Quitclaim deed rules by state
• Florida property records
• Quitclaim vs. warranty deeds
• Florida divorce laws
• Florida probate

This article provides general legal information about Florida law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county clerk of the circuit court (who cannot give legal advice), a legal aid office, or a lawyer licensed in Florida.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Florida?

After the grantor signs in front of two witnesses (s. 689.01) and acknowledges the signature before a notary (s. 695.03), you record the deed with the clerk of the circuit court in the county where the property is located (s. 28.222). Pay the clerk's recording fee and any documentary stamp tax at the same time.

Does a quitclaim deed need to be notarized in Florida?

Yes, to be recorded. Section 695.03 requires the execution to be acknowledged by the person signing, proved by a subscribing witness, or legalized or authenticated, and in Florida an acknowledgment can be taken by a judge, a court clerk or a notary public.

Does a Florida quitclaim deed need witnesses?

Yes. Section 689.01 requires a deed to be signed in the presence of two subscribing witnesses, and s. 695.26 requires each witness's printed name and post-office address on the deed for recording.

How much does it cost to record a quitclaim deed in Florida?

The charges in s. 28.24(13) add up to $10.00 for the first page and $8.50 for each additional page (the base fee, a Public Records Modernization Trust Fund charge and a $4-per-page service charge), plus $1.00 per indexed name beyond four. Check your county clerk's fee page before paying, and budget separately for documentary stamp tax.

Do you pay documentary stamp tax on a quitclaim deed in Florida?

Usually, if there is consideration. The tax is 70 cents per $100 of consideration outside Miami-Dade County, and the balance of any mortgage on the property counts as consideration, even on a gift. Divorce deeds of the marital home and certain homestead deeds between spouses are exempt under s. 201.02.

Does my spouse have to sign a quitclaim deed in Florida?

If the property is your homestead and you are married, yes. Article X, section 4(c) of the Florida Constitution lets a homestead owner sell or give it away only when joined by the spouse.

Will a quitclaim deed raise my property taxes in Florida?

It can. Under s. 193.155, a change of ownership resets a homestead's assessment to just value on the next January 1, though transfers between spouses and certain other transfers are excepted. If you stay entitled to the homestead exemption, adding someone to title while you are both grantor and grantee is not a change of ownership unless the added person applies for a homestead exemption.

Does a quitclaim deed remove me from the mortgage?

No deed rewrites a loan by itself. A quitclaim changes who owns the property; whether you stay responsible on the loan depends on the loan documents and the lender, so ask the lender before you sign. A transfer outside the federal list in 12 U.S.C. 1701j-3(d) can also let the lender call the loan due.