Quitclaim Deed
(aka Quit Claim Deed)

Quitclaim Deed: a legal instrument used to release one person's right, title or interest to another without providing a guarantee or warranty of title


Quitclaim Deeds have existed as far back as 1755! Just as they were way back then, today they remain very simple 1-2 page forms.

Why use a Quit Claim Deed? Because sometimes people have a need to transfer property easily, without hassle. Need to convey (transfer) your interest in a property to someone else? The process is rather simple.

There isn't even a legal requirement to have it prepared by an attorney. It's normally a simple 1-2 page document, and generic forms are easily found (like on this page!).

BIG TIP: IF you intend to record the Quitclaim Deed legally...
it must be recorded IN the county where the property is located.

Often those counties have special quitclaim forms or requirements you must adhere to. You can contact that county directly and request a copy of the form.

But most likely you can easily locate a copy of the correct version on their official county website. If that's not possible, the charge usually ranges from $150-$300 to have it prepared and recorded by a professional (usually the cost is very minimal, and you are ensured that it will be done correctly). 



Real Estate Forms


Generally, the Deed only needs to be signed by the Grantor (owner giving away their interest), and notarized. The grantee (recipient of the property) does not normally sign.

To record the Deed, it needs to be prepared on an approved version of a Quit Claim Deed and submitted. The governing county where you are submitting it to, will charge a recording fee, doc stamp costs and possibly other small related county/office fees.  If property is located IN Miami-Dade county, use the above calculator to figure out your doc stamps/fees to include while recording your Quit Claim Deed.

Keep in mind a Quit Claim Deed is NOT a Warranty Deed. There is no guarantee or real legal protection in the title of this property through a Quit Claim Deed. So for instance, transferring a property from one family member to another, who is fully aware of who has owned the property and has full right of title, this could be a good legal vehicle to use. It is an easy and uncomplicated instrument to use to convey a person's interest to another in situations like a divorce, or giving land to a family member, etc.


Drawbacks of using a Quit Claim Deed?

Keep in mind it's NOT a Warranty Deed. A Warranty Deed means research has been done to ensure no one else owns or can lay claim to the property.

And if for some reason they do, there is legal protection. In the case of a quit claim deed, there is no guarantee the title is clear and unencumbered.

For instance, if transferring a property from one family member to another, who is fully aware of who has owned the property and has full right of title, this could be a good legal vehicle to use, in order to transfer the property over. Easy, cheap, quick. It's the most common way to transfer property in a divorce situation.

Another drawback is that it does not release the owner/grantor from any monetary liability. Is there still a loan/mortgage on the property? Are there any liens?

The current owner will be responsible - so simply using a quit claim deed to transfer over property as a way to get out from under any debt owed, won't work.



Miami-Dade Clerk of the Courts Quitclaim Deed Requirements:

Deed & Quit Claim Deed

  • Must be an original document.
  • Should only be property located within Miami-Dade County.
  • Address of both parties (Grantor & Grantee).
  • Must be signed by seller.
  • Two witnesses to the signature.
  • Notarized and properly acknowledged.
  • Must have a prepared by statement: Prepared by:Individual name & address.
  • Documentary Stamps at the rate of .60 cents for each $100 of consideration or fractional part thereof ($6.00 per $1,000).
  • Surtax is required on transfers of interest in any real property other than a single-family residence, at the rate of .45 cents for each $100 of consideration or fractional part thereof (or $4.50 per $1,000).
  • Folio number is not required but is encouraged.

    ***Most of the rest of Florida is the same, except Doc Stamps are charged at a current rate of .70 center for each $100...









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