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Florida Real Estate Law

Quitclaim vs. Warranty Deed in Florida: Which Do You Need?

Quick Answer

A warranty deed guarantees that the seller owns the property free of undisclosed title problems and will defend that title — it's what you want when buying from someone you don't know. A quitclaim deed transfers only whatever interest the grantor happens to have, with no guarantee — useful between family or to fix a title, risky in an arm's-length purchase. Florida also uses special warranty deeds and enhanced life estate ('Lady Bird') deeds for specific situations.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Real Estate Attorney July 16, 2026

The deed is the promise — and they're not all the same

A deed does two things: it transfers ownership, and it makes (or withholds) promises about the title being transferred. Every Florida deed transfers something; what differs is how much the grantor guarantees. Choosing the wrong deed doesn't usually stop the transfer — it strips away protection you didn't realize you were giving up. That's the mistake I most often help people unwind.

Warranty deed: the full guarantee

A general warranty deed is the gold standard for a buyer. The seller warrants that they hold good title, that the property is free of undisclosed liens or encumbrances, and that they will defend the title against all claims — even ones arising before the seller owned the property. If a title problem surfaces years later, a warranty deed gives you a legal claim against the seller. This is the deed you want in a normal purchase from someone you don't know, and it's typically what title insurers expect to see.

Use a warranty deed when: you're buying property in an arm's-length transaction, you're paying real money for it, and you want maximum protection and clean, insurable title.

Quitclaim deed: no promises at all

A quitclaim deed transfers only whatever interest the grantor actually has — which could be full ownership, partial ownership, or nothing. It makes no warranties about the title. If it turns out the grantor didn't own what they thought, the recipient has no recourse under the deed. That sounds bad, but quitclaim deeds are the right tool in specific, lower-risk situations:

⚠ Don't buy with a quitclaim deed. If you're paying for property in an arm's-length deal and someone offers you a quitclaim deed, stop. You'd be paying full price for zero title protection, and title insurance may be difficult to obtain. Insist on a warranty deed.

Special warranty deed: the middle ground

A special warranty deed (sometimes called a limited warranty deed) warrants the title only against problems that arose during the grantor's ownership — not before. It's common in commercial deals and sales by estates, trusts, banks, and other sellers who reasonably won't guarantee a title history they had nothing to do with. It offers more protection than a quitclaim but less than a general warranty deed.

Enhanced life estate (Lady Bird) deed: a Florida planning tool

Florida is one of a handful of states that recognizes the enhanced life estate deed, better known as a "Lady Bird" deed. It lets you keep full control of your property during your life — including the right to sell, mortgage, or change your mind — while automatically passing it to named beneficiaries at your death, without probate. It's a popular tool for keeping a Florida homestead out of probate while preserving homestead protection and the Save Our Homes assessment cap during life. It's not a substitute for a warranty deed in a purchase — it's an estate-planning instrument. We cover how it fits your plan on our estate planning page.

Getting the deed right

Beyond choosing the type, a Florida deed has to be executed correctly to be valid and recordable: the correct legal description, proper identification of grantor and grantee, the grantor's signature before a notary and two witnesses, and correct calculation of documentary stamp tax on recording. Small errors — a wrong legal description, a missing witness — create title defects that surface at the worst possible time, usually when someone later tries to sell. That's why even a "simple" deed is worth having prepared or reviewed by an attorney. We prepare and record warranty, special warranty, quitclaim, and Lady Bird deeds for property across Florida, from Tampa to Jacksonville.

Frequently Asked Questions

What's the difference between a quitclaim deed and a warranty deed in Florida?
A warranty deed guarantees the grantor holds clear title and will defend it against all claims, giving the buyer legal recourse if a title problem appears. A quitclaim deed transfers only whatever interest the grantor has, with no guarantees at all. Use a warranty deed to buy from someone you don't know; a quitclaim is for family transfers, trust funding, or clearing title.
Is a quitclaim deed safe to use when buying a house?
No, not for an arm's-length purchase. A quitclaim deed gives you no protection if the seller doesn't actually own clear title, and title insurance can be harder to obtain. It's appropriate for transfers between family, into a trust or LLC, or to clear a title cloud — not for paying full price to a stranger.
Does a quitclaim deed remove someone from a mortgage?
No. A quitclaim deed only transfers ownership interest in the property; it does not change who is liable on the mortgage. Someone removed from title by a quitclaim deed can still owe the loan. Removing a person from a mortgage requires the lender's involvement, usually a refinance.
What is a Lady Bird deed in Florida?
A Lady Bird (enhanced life estate) deed lets you keep full control of your property during your life — including selling or mortgaging it — while automatically passing it to named beneficiaries at death without probate. Florida is one of the few states that recognizes it, and it's often used to keep a homestead out of probate while preserving homestead protections during life.
How do I make sure my Florida deed is valid?
A Florida deed must have a correct legal description, properly identify the grantor and grantee, be signed by the grantor before a notary and two witnesses, and have documentary stamp tax paid on recording. Errors in any of these create title defects. Having an attorney prepare or review the deed avoids problems that typically surface years later at resale.

The Truestead Takeaway

The type of deed you use decides how much protection changes hands along with the property. A warranty deed is the right tool when you're buying from someone you don't know; a quitclaim is for family transfers, trust funding, and clearing title — never for an arm's-length purchase. Special warranty and Lady Bird deeds each solve narrower problems. Whatever the situation, the deed has to be drafted and executed correctly under Florida law, because deed mistakes almost always surface at the worst time — when someone later tries to sell.

Related Florida Real Estate Guides

Do I Need a Real Estate Attorney to Buy a House in Florida? What Does a Real Estate Attorney Do at a Florida Closing? FIRPTA Explained: Selling Florida Property as a Foreign Owner Florida Real Estate Attorney — Truestead Law

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Need a deed prepared or reviewed in Florida? Schedule a free 20-minute call with Arthur Simpson, Esq. to make sure you're using the right one.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida real estate, tax, and estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.