How to Do a Quitclaim Deed in Florida: Requirements, Notarization, and Recording It Right

What a Florida Quitclaim Deed Actually Does (and Does Not Do)

A quitclaim deed transfers whatever ownership interest the grantor holds at the moment of delivery to the grantee, nothing more and nothing less. There is no warranty of title, no promise that the interest is whole, and no duty to defend the grantee if a competing claim surfaces later. If the grantor owns nothing, the grantee receives nothing. That candor is precisely the point. Quitclaim deeds are the right tool when both parties already understand the title situation and no warranty is needed or expected.

Common examples in the Daytona Beach, Ormond Beach, Port Orange, New Smyrna Beach, Palm Coast, and DeLand areas include transferring a home into a revocable living trust, removing an ex-spouse from title after a divorce, adding a new spouse following a marriage, consolidating inherited fractional interests among family members, and clearing a stray claim so a chain of title reads cleanly before closing. They are generally not the preferred instrument for an arm's-length sale to a stranger, where a general or special warranty deed offers the buyer meaningful title protection. For a side-by-side comparison of all four major deed types available in Florida, see Types of Deeds in Florida: Warranty, Special Warranty, Quitclaim, and Lady Bird Deeds Compared.

The Statutory Form: What Florida Law Requires

Florida Statute section 689.025 prescribes a statutory form for quitclaim deeds. While minor variations in language are permitted, the deed must be in substantially that form to convey real property or an interest in it. Florida Statute section 689.02 adds the formal execution requirements that every deed of Florida real property must satisfy. Meeting both statutes is not optional; a deed that misses these requirements may not convey good title and may be refused for recording.

At minimum, a valid Florida quitclaim deed must include:

• The grantor's full legal name and mailing address
• Consideration recited in the deed (even a nominal amount such as ten dollars satisfies this requirement)
• The words of conveyance showing the grantor's intent to quitclaim the interest (for example, "quitclaim" or "release and quitclaim")
• The grantee's full legal name and post-closing mailing address (required for recording under section 695.26)
• A legally sufficient property description, typically the metes-and-bounds or lot-and-block description from a prior recorded instrument
• The grantor's original signature
• The signatures of two adult witnesses (Florida Statute section 689.01)
• A notarial acknowledgment (Florida Statute section 695.03)

The Two-Witness and Notarization Requirements

Florida is one of the few states that still requires two subscribing witnesses in addition to notarization. Under section 689.01, both witnesses must sign in the presence of the grantor. The notary and one witness may be the same person; however, the notary and both witnesses cannot be the same individual. Remote online notarization is permitted in Florida, but the two-witness requirement still applies, and those witnesses must appear before the notary (physically or through an approved remote platform) at the time of execution.

The notarial acknowledgment under section 695.03 confirms that the grantor appeared before the notary, was identified, and acknowledged executing the deed voluntarily. Without that acknowledgment, the clerk of court may refuse to record the deed, and an unrecorded deed provides no constructive notice to later purchasers or creditors.

The Homestead Spousal Joinder Rule: A Critical Trap

Article X, Section 4 of the Florida Constitution prohibits a married person from conveying homestead property without the joinder of his or her spouse, even if the spouse is not on the title. This rule catches people off guard more often than almost any other Florida real estate requirement. If you try to quitclaim your Ormond Beach or Palm Coast homestead to a trust, a child, or anyone else and your spouse does not sign the deed, the conveyance is void, not merely voidable. Both spouses must execute and acknowledge the deed before a notary and two witnesses when the property is the constitutional homestead.

Documentary Stamp Tax and Recording Fees

Even a quitclaim deed is subject to Florida's documentary stamp tax under section 201.02 if consideration is paid or if the property is encumbered by a mortgage. The tax rate is seventy cents per one hundred dollars of consideration (or the amount of any assumed mortgage). Many family transfers recite only nominal consideration, but if a mortgage is being assumed or debt is being relieved, the documentary stamp is calculated on that amount. Transfers into a revocable living trust where the grantor is also the trustee are generally exempt, but the deed must recite the exemption basis clearly.

Recording fees are set by section 28.24. As of the research date for this article, the Volusia County Clerk charges ten dollars for the first page and eight dollars fifty cents for each additional page. Under the updated recording formatting requirements of section 695.26 (effective January 1, 2024), the deed must include a three-inch top margin on the first page for the clerk's recording information, a one-inch margin on all remaining sides, and a return-address block. Deeds that do not meet these formatting standards are subject to a nonstandard document surcharge.

Recording the Deed: Constructive Notice and the Bona Fide Purchaser Rule

Recording with the clerk of the circuit court in the county where the property is located is what gives the world constructive notice of the transfer. Under section 695.01, an unrecorded deed is valid between the parties but is subordinate to any subsequent bona fide purchaser for value who records first without notice of the prior conveyance. In practical terms: execute the deed, pay the stamps, and record it promptly. Sitting on an unrecorded deed is a title risk no one should accept.

In Volusia County, recording is handled through the Volusia County Clerk of Circuit Court. In Flagler County, transactions in communities such as Palm Coast record with the Flagler County Clerk.

Why Professional Guidance Matters Here

A quitclaim deed looks simple. The statutory form is short, the execution steps are straightforward, and online templates are easy to find. What those templates cannot do is analyze whether a quitclaim deed is actually the right instrument for your situation, identify homestead issues, calculate the correct documentary stamp amount, or catch a defective legal description before it clouds your title for years. Getting the deed wrong can create title problems that surface only when you try to sell or refinance, often at the worst possible moment.

If you are in Ormond Beach, Daytona Beach, Port Orange, New Smyrna Beach, Palm Coast, DeLand, or anywhere in the surrounding area and you are considering a quitclaim deed, contact Arthur Simpson, Esq., CIPS at arthursimpson.com. As both a Florida attorney and a licensed REALTOR® with Realty Pros Assured, Arthur can review the full picture of your transaction, advise you on the correct deed type and execution requirements, and help make sure the transfer is done right the first time.