A quitclaim deed is a type of deed used to transfer the title of property from a grantor (the person or entity transferring ownership) to a grantee (the new owner of the property). Florida law has specific requirements to ensure the validity of deeds executed within state jurisdiction.
Is a quitclaim deed valid if not recorded in Florida? Read on to find out.
Why Are Quitclaim Deeds Different from Other Deeds?
The main difference between a quitclaim deed and other types of deeds is the warranty provided to the new owner. A quitclaim deed provides no assurances that the grantor actually owns the property being transferred to the grantee.
Hence, the grantor simply transfers whatever interest he or she has to the property to the grantee, which has no guarantee of the possibility to transfer it.
Most importantly, a quitclaim deed protects the grantor against lawsuits if the grantee decides to sue him or her in the future. Common use cases for quitclaim deeds include:
- Transferring property between family members
- Transferring property to adult children
- Adding co-owners to the title of a property
- Removing co-owners from the title of a property
- Transferring property between divorcing spouses
- Transferring the title of a property to a trust
Please note that this type of deed is mostly used for transfers that require less time and effort. As the grantee has no assurance that the grantor holds the title of the property he or she is transferring with the deed, the best approach is to use quitclaim deeds only when both parties involved trust each other.
Is a Quit Claim Deed Valid If Not Recorded Florida? – In Detail
Even though it is necessary to record a Florida quitclaim deed to make the transfer of property official in the public records, it does not affect the validity of the deed.
Florida law has statutory provisions that require the parties involved in real estate transfers to record a notice of transfer of ownership in the public record. This way, it is possible to maintain a chain of title and avoid the risk of forfeiting one’s interests in a property.
Considering the informal aspect of quitclaim deeds, they often do not involve the exchange of money. The main issue with quitclaim deeds is that they offer minimal legal protection to the person being granted ownership of the property.
The best approach is to use quitclaim deeds exclusively for simple transactions that involve no risk. If you want to gift a property to a loved one, transfer ownership to a family member, or re-title the property for estate planning purposes, a quitclaim deed is a useful tool.
As long as a quitclaim deed is properly executed and notarized, the document is deemed valid. The new owner should record the deed in the county’s recording office soon after closing, solidifying his or her claims to the property and protecting the title from possible fraud.
Florida Quitclaim Deeds – Immediately Contact Jurado & Associates, P.A.
A well-versed attorney from Jurado & Associates, P.A. is willing to find a solution tailored to your case. Contact us by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.