If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or clearing up a title question, a Florida quitclaim deed may be exactly what you need.
Filling out the deed is usually the easy part. What trips people up is the legal description, Florida's two-witness signing requirement, whether your spouse needs to sign, and documentary stamp tax.
The good news is that many family transfers owe little or no documentary stamp tax. The part that surprises people is that Florida still requires two witnesses on top of notarization, and that homestead property has unusually strong protection for a non-owner spouse.
Where Florida Deeds Are Recorded:
Florida quitclaim deeds are recorded with the Clerk of the Circuit Court in the county where the property is located.
Florida is one of the few remaining states that requires two subscribing witnesses on a deed, in addition to notarization. We cover this in detail on our Florida Witness Requirements page.
Homestead Property Needs Both Spouses' Signatures
Article X, Section 4 of the Florida Constitution requires both spouses to sign a deed conveying homestead property, even if only one spouse's name is on the title.
This isn't a minor formality. A homestead deed signed by only the titled spouse is void as to the homestead interest — not just something to fix later. If you're not sure whether the property counts as your homestead, it's worth confirming before you sign.
What You Need Before Filling Out the Deed
Gather these things before you start:
- Your current deed or a copy of the county property record
- The grantor's full legal name and marital status
- The grantee's full legal name and mailing address
- The complete legal description of the property, plus the parcel ID number
- The Florida county where the property is located
- The name and address of whoever prepared the deed
- Your spouse's signature, if the property is your homestead
- Two subscribing witnesses, in addition to a notary
- Documentary stamp tax payment, or a clearly stated exemption
- Recording fees
How to Fill Out a Florida Quitclaim Deed
Step 1: Find the Right County
Record your deed with the Clerk of the Circuit Court in the county where the property is located, not where you live.
Step 2: Add the Preparer Statement and Return Address
Florida law requires the name and address of whoever prepared the deed to appear on the document, usually in a "Prepared by" block in the upper-left corner. Leave a 3-inch by 3-inch blank space in the upper-right corner of the first page for the clerk's recording stamp, and include a return mailing address.
Step 3: Fill In the Grantor's Information
The grantor is the person giving up their ownership interest. Use their full legal name, and include their marital status — Florida deeds typically state whether the grantor is married, single, or widowed, since that connects directly to the homestead question.
Step 4: Fill In the Grantee's Information
The grantee is the person receiving the property. Florida law requires the grantee's mailing address to appear on the deed — a deed missing it will be rejected at recording.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or official county property records, not just the street address. For platted property, include the plat book and page reference; for unplatted property, use the full metes-and-bounds description. Include the parcel identification number from the county property appraiser.
Step 6: Choose the Ownership Wording Carefully
If there's more than one grantee, Florida law doesn't presume survivorship — a deed to two or more people creates a tenancy in common by default. If you want joint tenancy with right of survivorship instead, the deed needs to say so explicitly.
Step 7: Check Whether Your Spouse Needs to Sign
If the property is your homestead and you're married, your spouse must sign the deed too, even if their name has never been on the title. This applies whether the transfer is a sale, a gift, or a transfer into your own trust.
Step 8: Sign With Two Witnesses and a Notary
The grantor signs the deed in the presence of two subscribing witnesses, and the signature must also be acknowledged before a notary public . Both witnesses sign too, with their names printed legibly beneath their signatures. A witness shouldn't also be the grantee.
Florida allows Remote Online Notarization (RON) , and was one of the first states to adopt it, so a video call can sometimes take the place of an in-person visit for the notarization step. The witness requirement still needs to be handled separately.
Check with your county clerk first to make sure they'll accept a remotely notarized deed. More on our Remote Online Notarization by State page.
Step 9: Handle Documentary Stamp Tax
If your transfer isn't exempt, Florida charges $0.70 for every $100 of consideration in most counties (Miami-Dade uses a different rate). If your transfer is exempt — for example, a spousal transfer with no mortgage, or a divorce-related transfer — state the exemption clearly. Watch out for the mortgage trap: if the property carries a mortgage and the grantee takes it subject to that debt, the unpaid balance counts as consideration even on an otherwise-free gift.
Step 10: Record the Deed
Submit the original signed, witnessed, and notarized deed to the Clerk of the Circuit Court in the county where the property is located, along with the recording fee and any documentary stamp tax due.
Recording fees are generally around $10 for the first page and $8.50 for each additional page, set uniformly by state law, though it's worth confirming current fees with your specific county.
Will You Owe Documentary Stamp Tax?
For many of the situations that bring people to this page, the answer is: often little or nothing, but it's still worth checking carefully.
Florida exempts spousal transfers of homestead property when no mortgage is assumed, and transfers between spouses or former spouses carrying out a divorce judgment (generally within a year of the judgment). Transfers into a revocable trust where the grantor remains the beneficiary are also commonly exempt, since beneficial ownership hasn't really changed hands.
The trap that catches people off guard: if the property has a mortgage and the new owner takes it subject to that debt, the outstanding balance counts as consideration, even if no cash changes hands. A true gift with no mortgage and only nominal consideration ("$10" or "love and affection") still generally owes the flat minimum tax.
Florida Signing and Recording Notes
- Florida deeds are recorded with the Clerk of the Circuit Court in the county where the property is located.
- The grantor's signature needs two subscribing witnesses plus notarization.
- Homestead property requires both spouses' signatures under the Florida Constitution.
- The deed should state the grantor's marital status.
- The grantee's mailing address is a statutory recording requirement.
- Florida doesn't presume survivorship between co-owners — the deed must say so.
- Watch for the mortgage-assumption trap on documentary stamp tax.
- The preparer's name and address must appear on the deed.
- A quitclaim deed doesn't remove anyone from a mortgage — that takes a separate step.
Official Florida Sources
Common Florida Quitclaim Deed Mistakes
- Recording in the wrong county
- Using only the street address instead of the legal description
- Forgetting one or both subscribing witnesses
- Forgetting a spouse's signature on homestead property
- Leaving out the grantee's mailing address
- Assuming a $1 or "love and affection" gift owes no documentary stamp tax at all
- Forgetting that an assumed mortgage balance counts as consideration
- Missing the preparer's name and address
- Assuming survivorship applies automatically between co-owners
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Florida Quitclaim Deed Process
A Florida quitclaim deed works well for family gifts, adding or removing a spouse, funding your own trust, and divorce-related transfers.
The main things to get right are the homestead signature question, the two-witness signing requirement, the legal description, and the documentary stamp tax paperwork. Once those are in place, recording with the right county clerk finishes the job.
Florida Quitclaim Deed FAQ
Where do I record a Florida quitclaim deed?
Record the deed with the Clerk of the Circuit Court in the Florida county where the property is located.
Does a Florida quitclaim deed need witnesses?
Yes. Florida is one of the few remaining states that requires two subscribing witnesses on a deed, in addition to notarization. The witnesses must sign in the grantor's presence.
Do I need my spouse's signature on the deed?
If the property is your homestead, yes. Article X, Section 4 of the Florida Constitution requires both spouses to sign a deed conveying homestead property, even if only one spouse holds title. A homestead deed missing that signature is void as to the homestead interest.
Does Florida charge documentary stamp tax on a quitclaim deed?
Often, but not always. Florida charges $0.70 for each $100 of consideration in most counties (Miami-Dade is different). Many family transfers with no mortgage involved owe little or no tax, but an assumed mortgage balance counts as consideration even on a gift.
Is this legal advice?
No. This page provides general educational information and is not legal advice.