A deed is the legal document that transfers ownership of real estate from one party (the grantor) to another (the grantee). In Florida, not all deeds offer the same protection. The two most common types — the warranty deed and the quitclaim deed — sit at opposite ends of the spectrum. The difference comes down to a single question: how much is the grantor promising about the quality of the title?
The Three Main Florida Deed Types
General Warranty Deed
A general warranty deed offers the strongest protection to a buyer. The grantor guarantees that they hold clear, marketable title and warrants the title against all defects — including those that arose before the grantor owned the property. Florida provides a statutory warranty deed form (F.S. § 689.02). This is the standard deed in an arm's-length sale.
Special (Limited) Warranty Deed
A special warranty deed warrants the title only against defects that arose during the grantor's ownership — not before. It is common in transactions involving estates, banks, and commercial property, where the grantor will only stand behind what happened on their watch.
Quitclaim Deed
A quitclaim deed makes no warranties whatsoever. It transfers only whatever interest the grantor happens to own — which might be full title, a partial interest, or nothing at all. If a problem with the title later surfaces, the grantee has no legal claim against the grantor, because the grantor never promised anything.
| Feature | Warranty Deed | Special Warranty | Quitclaim Deed |
|---|---|---|---|
| Title guarantee | Full, all defects | Grantor's ownership only | None |
| Protects the buyer | Strongly | Partially | Not at all |
| Typical use | Arm's-length sale | Estates, banks, commercial | Family, trust, divorce |
| Title insurance | Usually issued | Often issued | Rarely relied on alone |
When to Use a Quitclaim Deed in Florida
Despite offering no protection, a quitclaim deed is the right tool in several common situations — typically transfers between parties who already trust each other and where no purchase price is being paid:
- Adding or removing a spouse after marriage or divorce
- Transferring property into your own revocable living trust for probate avoidance
- Gifting property to a family member or LLC you control
- Clearing a cloud on title — e.g., having a relative quitclaim away a possible interest
- Transfers among co-owners already familiar with the property's history
Florida Deed Requirements
Regardless of type, a valid Florida deed must meet several formalities:
- In writing and signed by the grantor
- Two subscribing witnesses — the grantor must sign in the presence of two witnesses (F.S. § 689.01)
- Notary acknowledgment — required for recording in the public records
- Legal description of the property — not just the street address
- Recording in the county where the property is located, to protect against later claims
Documentary Stamp Tax on Florida Deeds
Florida charges a documentary stamp tax on deeds based on the consideration paid (F.S. § 201.02):
- $0.70 per $100 of consideration in all counties except Miami-Dade
- $0.60 per $100 in Miami-Dade, plus a surtax on certain non-single-family properties
A transfer with no real consideration — such as a gift, or a transfer into your own revocable trust where you remain the beneficial owner — is generally subject only to minimal documentary stamp tax. Transfers that pay off an existing mortgage, however, can trigger tax on the outstanding balance even within a family.
Frequently Asked Questions
Related Reading
- What Is a Lady Bird Deed in Florida? — the deed that passes property at death while you keep full control during life.
- Florida Homestead Exemption & Estate Planning — how transferring your home affects tax exemptions and protections.
- The Florida Land Trust — holding real estate privately for ownership and probate planning.
Transfer Florida Property the Right Way
The wrong deed can undo years of planning or expose you to claims you never meant to make. Cornerstone prepares warranty, special warranty, quitclaim, and lady bird deeds — drafted, witnessed, and recorded correctly under Florida law.
Start Your Florida Estate Plan →This article is for general informational purposes and does not constitute legal advice. Deed selection and real estate transfers are fact-specific. Consult a licensed Florida attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.