Florida Quit Claim Deed Lawyers | 561.699.0399

Law Office of Ryan S. Shipp, PLLC always recommends hiring comptetant Florida Quit Claim Deed Lawyers when it comes to transferring real property.  A quit claim deed is a legal document used in the state of Florida to transfer ownership of real property from one person or entity to another. It is called a quit claim deed because the person transferring the property (the grantor) is essentially “quitting” or giving up any claim they have to the property and transferring it to the recipient (the grantee).

Requirements For A Valid Florida Quit Claim Deed

In Florida, the requirements for a valid quit claim deed are governed by state law and must be followed in order for the transfer of ownership to be legally recognized. The most important requirement is that the grantor must have a legal interest in the real property they are transferring. This means that they must either be the owner of the property or have the right to transfer ownership.  The grantor must also have the legal capacity to transfer the real property, which means that they must be of sound mind and able to understand the nature and consequences of their actions.  If the grantor is a minor or has been declared incompetent by a court, they will not be able to execute a valid quit claim deed.  The grantee must also have the legal capacity to accept the real property being transferred. This means that they must be of legal age and of sound mind, and must not have any legal restrictions on their ability to own real property.

In addition to these requirements, a Florida quit claim deed must be in writing, signed by the grantor, in the presence of two (2) witnesses, and in front of a notary public. The quit claim deed also contain a legal description of the real property being transferred and must be properly recorded in the public records with the county clerk’s office where the real property is located.

Once a quit claim deed has been properly executed and recorded, it becomes a matter of public record and is binding on both the grantor and the grantee. The grantor is no longer responsible for the real property and has no further legal interest in it, while the grantee becomes the new owner and is responsible for any taxes or other obligations associated with the real property.

When Are Florida Quit Claim Deeds Used?

There are a few situations in which a quit claim deed may be used in Florida.  One common reason is to transfer ownership of real property from one family member to another, such as from a parent to a child or to transfer real property from an individual owner to a company, corporation or trust.  Quit claim deeds are also often used in divorce proceedings to transfer ownership of jointly owned property from one spouse to the other.  In some cases, a quit claim deed may be used to clear up any issues with the title to a piece of real property. For example, if there is a dispute over ownership or if there are errors on the title, a quit claim deed can be used to transfer the property from the current owner to a new owner who is willing to take on the risk of resolving any issues with the title.