Florida law has solid provisions to protect its residents’ right to own, occupy, sell, gift, or transfer the ownership of real property. The state has a set of statutory rules to ensure legal compliance in any document affecting property ownership.
In this article, you will find the legal requirements to execute a quitclaim deed in Florida.
Florida Quit Claim Deed Requirements – The Basics
The basic elements in a quitclaim deed include the names and addresses of the grantor (the person transferring ownership of the property) and the grantee (the new owner of the property being transferred).
Even though quitclaim deeds are rarely used in transactions involving the exchange of money, the grantor can include a consideration to describe the amount of money paid by the grantee.
The document must include a formal written description of the property, which cannot be confused with the property’s USPS address.
Once the quitclaim deed is filled out, the grantor must sign the document with two witnesses and a notary. The deed must be recorded at the county where the property is located to guarantee an uninterrupted chain of title and publicly notify the change of ownership.
If the property being transferred is a homestead and the grantor is married, the spouse must sign the deed – regardless of whether the property is legally titled in the name of both spouses.
Florida Quit Claim Deed Requirements – As Provided by Law
As provided by Florida Statutes §695.26 (1), “no instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:
- The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument
- The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument
- The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness
- The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs
- A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court, and
- In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument”
While the statutory requirements to execute a quitclaim deed are not overwhelmingly complex, the best approach is to consult with an experienced Florida attorney to ensure full legal compliance.
Filing a Quit Claim Deed in Florida – Immediately Contact Jurado & Associates, P.A.
Avoid costly mistakes by working with a well-versed attorney from Jurado & Associates, P.A. Call us today at (305) 921-0976 or email [email protected] to schedule a consultation.
