If you’ve ever needed to transfer property in Florida to a family member or add someone to your property’s title, you’ve likely heard the term quitclaim deed. While quitclaim deeds are relatively simple in comparison to other types of property deeds, it’s important to understand how they work – and when hiring an attorney is essential. Whether you are transferring property to a family member, adding your spouse to the title, or just trying to clear up some title issues, a quitclaim deed might be the right tool for the job. But it is important to remember that quitclaim deeds come with their own risks and limitations.
What Even is a Quitclaim Deed?
A quitclaim deed is a legal document that lets someone transfer their interest (grantor) in a piece of property to someone else (grantee) – without making any guarantees about the title. That means that the grantor isn’t promising that they actually own the property free and clear. Instead, the grantor is simply “quitting” or giving up any claim on the property they might have.
Quitclaim deeds are most commonly used when:
- Transferring a piece of property between family members;
- Adding or removing a spouse from the deed (most often seen in divorce or marriage);
- Correcting a mistake on a previous deed; and
- Moving a property into a trust or a business.
Limitations and Risks of Quitclaim Deeds:
As quitclaim deeds offer no warranties or guarantees, they are not typically used in real estate sales between strangers. They do not provide any protections to the grantee if it turns out that the grantor had no legal right to transfer the property. Because of this, title insurance is often not available when a quitclaim deed is used.
Florida has specific statutory requirements when creating a legally valid quitclaim deed, including, but not limited to:
- A proper legal description of the property;
- The legal names and signatures of all grantors;
- The full legal name of the grantee;
- Two witnesses;
- Notarization; and
- Filed with in the country recorder’s office of the county in which the property is located.
Failing to meet any of the above legal requirements can make it so that the deed invalid, resulting in significant legal challenges later on.
Why Should You Hire a Florida Real Estate Attorney?
Even though quitclaim deeds seem relatively straightforward, there is a lot that can go wrong. There are several reasons why working with an experienced attorney is strongly advised:
- Ensuring Legal Validity:
Florida has specific legal requirements for the drafting of a valid quitclaim deed, and even the smallest of errors can affect the validity. An attorney can ensure that the document is properly drafted, executed, and recorded.
- Avoiding Unintended Consequences:
Transferring property may often have tax implications, affect mortgage obligations, or create issues with homestead exemptions. An attorney can help you understand and avoid these risks.
- Resolving Title Issues:
If the property has any title defects or unresolved liens, a quitclaim deed will not resolve them or protect the grantee from them. An attorney can perform a title search and advise you as to how to clear title on the property before proceeding.
- Protecting Your Interests:
Whether you are giving or receiving the property, legal counsel ensures that your rights are protected and that you fully understand the implication of the transaction.
- Peace of Mind:
Mistakes in property transfers, even quitclaim deeds, can be expensive and difficult to correct. An attorney can provide peace of mind that the transaction has been handled correctly and conforms to all legal requirements. Additionally, attorneys usually have malpractice insurance meant to cover them if they make a mistake. By drafting a quitclaim deed by yourself, you have no recourse against a malpractice insurance company.
Bottom Line
Quitclaim deeds can be a useful and efficient tool for transferring title to a property in Florida, especially when the grantor and grantee know and trust each other. However, even a simple property transfer can carry significant legal risks if not properly handled. At Korshak & Associates, P.A., our experienced real estate attorneys can help you to draft and record a quitclaim deed correctly, and ensure that your transaction aligns with your goals.
Need help with a Florida quitclaim deed? Contact our office today to schedule a consultation.
