A deed is one of the shortest documents connected to owning property in Florida. A few signatures, a trip to the county clerk, and ownership moves. That simplicity explains why the quitclaim deed comes up so often when St. Augustine and Palm Coast families start thinking about passing a home to the next generation.
It is a useful tool, and a narrow one. Knowing what it handles on its own, and what it leaves to the rest of your plan, puts you in a strong position to decide.
So, What Is a Quitclaim Deed?
A quitclaim deed transfers whatever ownership interest the grantor (the person giving the property) holds to the grantee (the person receiving it). The key word is whatever. It makes no representation that the title is clear, that no liens exist, or that the grantor owns the property at all. In plain terms: you get what I had, however much or little that turns out to be.
A warranty deed works differently, because the seller stands behind the ownership being transferred. That is why sales between strangers use warranty deeds, while quitclaim deeds appear between people who already know each other.
What Florida Requires Before the Deed Counts
- Two subscribing witnesses. Florida is one of a few states requiring two witnesses on a deed conveying real property, along with a notary acknowledgment. A deed missing one may not be effective.
- Spousal joinder on a homestead. If you are married and the property is your homestead, your spouse generally must sign, even if their name is nowhere on the title. A deed without that signature can be challenged later.
- Documentary stamp tax. Outside Miami-Dade, the rate is $0.70 per $100 of consideration, with a $0.70 minimum when no money changes hands. The surprise: an outstanding mortgage balance is generally treated as consideration, so a $200,000 balance can produce roughly $1,400 in tax on a transfer that felt like a gift.
Where a Quitclaim Deed Works Well
Because the deed carries no warranty, it fits most naturally when ownership is not in question: moving a home you already own into your own revocable living trust, adding a spouse after a marriage, correcting a misspelled name, or clearing a small interest among cooperating family members.
That first one deserves attention, because signing the deed is only half the job. The trust has to actually receive the property. We cover properly funding a trust in Florida separately, since this is where a well-intentioned plan most often falls short.
What the Deed Leaves to the Rest of Your Plan
A quitclaim deed changes the name on the title. It does not do the other work families assume it is doing.
- It does not confirm clear title. If a home passed to an heir and probate was required but never opened, a later deed may not fix that. Families often learn this during a sale, when a title company reviews the chain of ownership.
- It does not remove anyone from the mortgage. A deed moves title, not loan liability. Releasing a borrower generally takes a refinance or the lender’s written release.
- It does not separate the property from the new owner’s finances. Adding an adult child makes that child a legal co-owner, so a future lawsuit, bankruptcy or divorce may pull the property in. A lifetime transfer can also carry gift-reporting or capital gains consequences.
- It does not decide what happens next. A deed names who owns the property today. It says nothing about who receives it later, at what age, or under what conditions.
That last point matters most. Real estate is often the largest asset a Florida family owns, and what happens to a Florida home that isn’t addressed in an estate plan is worth answering on purpose.
Homestead: The Florida Layer People Miss
Florida’s homestead rules shape what is possible with the family home. If you are survived by a spouse or a minor child, Florida limits who can inherit your homestead, and those limits apply regardless of what your will or deed says.
The tax news is better. Moving your homestead into a properly drafted revocable trust generally does not cost you the homestead exemption or your accumulated Save Our Homes cap, as long as the trust gives you the right to live there for life. Florida treats that retained right as equitable title. The language has to actually be in the document, which is one reason to have the transfer prepared rather than downloaded.
Why Many Families Choose a Trust Instead
For families who want the home to reach specific people in a specific way, a revocable living trust does more of the work in one place. You keep control during your lifetime, name who receives the property and when, and the transfer can generally happen outside probate.
Property still part of your estate at death also generally receives an adjusted cost basis equal to its value then, which can reduce capital gains taxes for heirs who later sell. A lifetime transfer by deed usually works differently, and which approach fits depends on your circumstances. A trust can also do what a deed cannot: direct that the home or its proceeds stay with your grandchildren rather than passing outside the family line.
How We Approach Deeds at E.P.P.G. Law of St. Johns
Every family we meet in St. Augustine and Palm Coast brings a different picture: a blended family, grandchildren everyone wants taken care of, a home held for decades. Sometimes a quitclaim deed is the right instrument, and we prepare it. Other times it is one piece of a larger estate planning conversation. Either way, we start with your goals, then choose the documents that fit.
Key Takeaways
- A quitclaim deed transfers whatever interest the grantor holds, with no warranty about the title.
- Florida requires two witnesses and a notary, plus spousal joinder when the property is a married owner’s homestead.
- Documentary stamp tax can apply to family transfers, and an outstanding mortgage balance generally counts as consideration.
- Adding someone to a deed makes them a co-owner and connects the property to their financial circumstances.
- Florida homestead rules limit who can inherit the home when a spouse or minor child survives you.
- Deeds do not address timing or long-term protection for children and grandchildren. Trusts are built for that.
Put the Right Document Behind Your Home
Knowing what a quitclaim deed does, and where it stops, turns a technical question into a practical one: what do you want to happen with this property, and which document gets you there? At E.P.P.G. Law of St. Johns, that is the conversation we enjoy having. We take time to understand your family first, so the plan you sign reflects the outcome you want for the people you love. Request a consultation to learn more.
References: Bankrate (September 4, 2019) “Quitclaim vs. warranty deed: What you need to know” and Kiplinger (March 20, 2024) “How Quitclaim Deeds Can Cause Estate Planning Catastrophes”.