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Quit Claim Deeds

Quit Claim Deeds

In Florida, a quit claim deed is a legal document used to transfer ownership interest in a property from one party to another. Unlike a warranty deed, a quit claim deed does not provide any warranties or guarantees about the property’s title or condition. Instead, it transfers whatever ownership interest the grantor (seller) may have in the property to the grantee (buyer), without making any promises about the title’s validity or any encumbrances on the property.

Key points about quit claim deeds in Florida:

  • No Title Warranty: Unlike a warranty deed that provides certain assurances about the property’s title, a quit claim deed makes no guarantees regarding the title’s validity or any potential issues with the property’s ownership.
  • Limited Use: Quit claim deeds are often used in situations where there is a level of familiarity or trust between the parties involved. They are commonly used for transfers between family members, divorcing spouses or when correcting minor title issues.
  • Encumbrances: Any existing liens, mortgages, or claims on the property remain in place after the transfer and the grantee takes the property subject to these encumbrances.
  • Property Description: The quit claim deed should include an accurate description of the property being transferred, including its legal description.
  • No Exchange of Consideration: Quit claim deeds can be used even when no money is changing hands. For instance, they might be used to add or remove someone from a property’s title.
  • Ownership Transfer: The transfer of ownership is not based on the actual sale of the property; it’s a legal instrument to change ownership interests.
  • Recording Requirement: To be legally effective, a quit claim deed must be properly executed and then recorded with the county’s Clerk of the Circuit Court in the county where the property is located.

It’s important to understand that quit claim deeds do not guarantee ownership rights and the grantee assumes any risks associated with the property’s title. If you’re considering using a quit claim deed for a property transfer in Florida, it’s wise to seek legal advice to ensure that it aligns with your goals and the specific circumstances of the transaction.

If you need any assistance, please call our office at (352) 556-5105.