Quitclaim Deed Information
Quitclaim deeds are often used between parties who know and trust each other, such as family members, divorcing spouses, or business partners. Because the deed provides no warranties about ownership or freedom from liens, the grantee assumes all risks regarding the property’s title. This type of deed is typically used to correct title errors, transfer property into a trust, or remove a person’s name from a deed. It is a fast and straightforward way to transfer interest, but it offers no protection against future title disputes.
Florida Legal Definition
Under **Florida Statutes Section 695.26**, a quitclaim deed is recognized as a lawful means of conveying real property. It transfers only the interest the grantor currently holds, without any covenant or warranty of title. The deed must be in writing, properly executed, notarized, and recorded with the county clerk to be legally effective. In Florida, quitclaim deeds are commonly used to clear title defects or transfer ownership between related parties without a full warranty of title.
How It’s Used in Practice
Quitclaim deeds are often used in family property transfers, divorce settlements, or when updating ownership records. For example, one spouse may sign a quitclaim deed to remove their name from a jointly owned home after a divorce. Real estate investors also use them to quickly transfer property interests between entities or partners. While convenient, buyers and lenders rarely accept quitclaim deeds without additional title verification due to their lack of protection.
Key Takeaways
- A quitclaim deed transfers ownership interest without guaranteeing a clear title.
- Commonly used among family members, in divorces, or for trust transfers.
- In Florida, it must be signed, notarized, and recorded to be valid.
- Provides no warranty against liens, claims, or title defects.
- Offers speed and simplicity but carries higher title risk for the grantee.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE
THIS IS TO GIVE YOU NOTICE that Barnes Walker Title, Inc. is a separate entity from Barnes Walker, Goethe, Perron, Shea, Johnson & Robinson, PLLC (“BWGPSJR). However, BWGPSJR has a business relationship with Barnes Walker Title, Inc. Barnes Walker Title, Inc. is wholly owned in equal shares by two of the three principals of BWGPSJR, Garret T. Barnes and Adron H. Walker. As such it is not uncommon for BWGPSR to refer clients to Barnes Walker Title, Inc. Because of this relationship, any such referral will provide a financial or other benefit to those principals of BWGPSR.
Pursuant to 12 C.F.R. § 1024.15(b)(2) (2021), as a client of BWGPSR, you may be referred to Barnes Walker Title, Inc. for the issuance of a title insurance policy and other settlement services as part of BWGPSJR’s representation of you in connection with the settlement of your loan on, or the sale, purchase, or refinance of, your property.
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