What Is a Quitclaim Deed in Florida?

Short answer

A quitclaim deed transfers whatever ownership interest you have in a property, if any, without promising the title is good. In Florida it still owes documentary stamp tax of $0.70 per $100 of consideration ($0.60 in Miami-Dade), and any mortgage on the property counts as consideration (F.S. 201.02, as of October 2026). It changes the deed only; it does not take anyone off the mortgage.

Definition

A deed that conveys only the interest the grantor actually holds, with no warranty of title. A warranty deed, by contrast, promises the title is clear and the seller will defend it.

Worked example

Example only: a brother sells his share of a Miami-Dade single-family home to his sister for $200,000 by quitclaim. Doc stamps are $0.60 x 2,000 = $1,200. Statewide outside Miami-Dade it would be $0.70 x 2,000 = $1,400. If it were a duplex in Miami-Dade, the $0.45 surtax also applies, $1.05 x 2,000 = $2,100. Even after the deed records, the brother is still on the mortgage until it is refinanced or paid off.

Florida doc stamps on deeds

As of October 2026, per F.S. 201.02 and Fla. Admin. Code 12B-4.012:

• Statewide: $0.70 per $100 of consideration
• Miami-Dade: $0.60 per $100, plus a surtax of up to $0.45 per $100 on deeds that are not for a single-family residence. A condo unit counts as a single-family residence.
• Consideration includes mortgage debt the property is subject to, even if no cash changes hands
• Some transfers between spouses are exempt, such as the marital home in a divorce, or homestead where the only consideration is the mortgage

See Florida doc stamp tax for the taxes on a new mortgage.

Quitclaims and your mortgage

The note is a separate contract from the deed. Signing a quitclaim gives up ownership but leaves you liable on the loan. To actually remove someone, the remaining owner usually refinances in their own name, which requires qualifying alone. We can run that refinance with you, subject to credit approval.

Lenders and title insurers look closely at recent quitclaims in the chain of title, because no warranty comes with them. A new title insurance policy at purchase or refinance protects the lender, and an owner's policy protects you.

In South Florida

Florida homestead rules matter here. Under the Florida Constitution (Art. X, s. 4), a married owner's spouse must join to sell, mortgage or give away homestead property. A change of ownership can also end the Save Our Homes cap and reset your assessed value to market value the next January 1, though transfers between spouses are an exception (Florida DOR PT-112). Check with a Florida real estate attorney or title company before you sign.