Florida Quit Claim Deed: What It Does, What It Doesn't, And What It Costs
A Florida quit claim deed transfers ownership - but it does NOT remove you from the mortgage. Here's how they work, what they cost, and when to use one.
If you’re reading this, someone probably told you a quit claim deed would “take care of it.” Maybe a parent died and their name is still on the house. Maybe you’re divorcing and want your ex off the deed. Maybe you’re moving property between family members.
A quit claim deed is a simple, cheap document, and it does one thing well. But there’s one thing it absolutely does not do, and getting that wrong has cost Florida homeowners years of credit damage.
Here’s the whole picture.
What a quit claim deed actually does
A quit claim deed transfers whatever ownership interest the signer has in a property to someone else. That’s it.
The key word is whatever. Unlike a warranty deed, a quit claim deed makes no promises. It doesn’t guarantee the person signing actually owns the property. It doesn’t guarantee the title is clean. It doesn’t promise there are no liens, no other heirs, no boundary disputes.
If your uncle signs a quit claim deed handing you a house he doesn’t legally own, you now own exactly what he had: nothing. And you have no legal recourse against him under the deed.
That’s why quit claim deeds are common between people who trust each other - spouses, family members, co-owners - and rare in arm’s-length sales, where buyers want a warranty deed and title insurance.
The one thing it does NOT do: remove you from the mortgage
This is the single most important paragraph on this page.
A quit claim deed transfers ownership. It does not transfer the mortgage.
The deed and the loan are two separate legal instruments. The deed says who owns the property. The promissory note and mortgage say who owes the money. Signing away the deed does nothing to the note.
So if you quit claim your house to your ex-spouse in a divorce and your name is still on the mortgage:
- You no longer own the house.
- You are still 100% legally liable for the loan.
- If they stop paying, it destroys your credit.
- If it forecloses, the foreclosure goes on your record.
- You can’t qualify for another mortgage, because lenders still count that debt against you.
You have given away the asset and kept the liability. That is the worst possible position, and people put themselves in it every day because someone told them a quit claim deed was enough.
How to actually get off the mortgage
There are only three ways:
- Refinance. The person keeping the house refinances into a loan in their own name only. This is the normal path, and it requires them to qualify on their own income and credit.
- Loan assumption. Some loans - most FHA and VA loans, some others - allow one borrower to formally assume the debt with lender approval. Ask the servicer directly whether your loan is assumable and whether they offer a release of liability.
- Sell the house and pay off the loan. The debt is retired at closing and nobody is on the hook.
A divorce decree ordering your ex to pay the mortgage does not bind the lender. The lender wasn’t a party to your divorce. They can still come after you.
What a quit claim deed costs in Florida
Two costs: recording fees and documentary stamp tax.
Recording fees are small - roughly $10 for the first page and $8.50 for each additional page, plus a few dollars per name indexed. Budget $20–$50 for a typical two-page deed.
Documentary stamp tax is where people get surprised. Florida charges $0.70 per $100 of consideration on deed transfers under Fla. Stat. §201.02. Miami-Dade is slightly different at $0.60 per $100 for single-family homes, plus a surtax on other property types. Every Central Florida county - Orange, Osceola, Seminole, Lake, Polk, Volusia, Brevard, Marion - uses the standard $0.70 rate.
Here’s the part that catches people: “consideration” includes any mortgage balance the person receiving the property takes on. Even if no cash changes hands.
So if you quit claim a house with a $300,000 mortgage to someone who isn’t your spouse, the tax is calculated on $300,000 - that’s $2,100 in doc stamps, due when you record.
Some transfers carry minimal tax:
- A transfer with no mortgage and no money changing hands is generally taxed at the $0.70 minimum (essentially nothing).
- Transfers between spouses of homestead property are treated more favorably; a transfer between spouses of a homestead is generally exempt from doc stamps on the mortgage balance.
- Transfers from an estate to a beneficiary under a will or by intestacy are typically not taxed on the mortgage balance, because they aren’t a sale.
Doc stamp rules have real edge cases. If a mortgage is involved and the parties aren’t spouses, ask a Florida real estate attorney or title company to run the number before you record. It’s a five-minute question and it can save you thousands.
The due-on-sale clause nobody mentions
Almost every mortgage contains a due-on-sale clause: if the property transfers without the lender’s consent, the lender can demand the entire balance immediately.
Transferring a mortgaged property by quit claim deed can technically trigger it. In practice lenders rarely call the loan when payments keep arriving on time, and federal law (the Garn-St Germain Act) protects several common transfers - to a spouse or child, into a living trust, on the death of a joint tenant, and as part of a divorce or legal separation where the spouse stays in the home.
But “rarely enforced” isn’t “not allowed.” If your transfer doesn’t fall into one of those protected categories, know the risk before you sign.
How to record a quit claim deed in Florida
- Prepare the deed. It needs the legal description (not just the street address - pull it from your current deed or the county property appraiser), the grantor and grantee names and addresses, and the preparer’s name and address.
- Sign in front of a notary and two witnesses. Florida requires both. A notarized deed without two witnesses is defective and can cause title problems later. Under Fla. Stat. §695.26, the notary can serve as one of the two witnesses.
- Record it with the Clerk of Court in the county where the property sits - Orange County Comptroller, Osceola Clerk, Seminole Clerk, and so on. Pay recording fees and doc stamps at that time.
- Update your homestead exemption. A change in ownership can affect your homestead exemption and your Save Our Homes cap. Contact the county property appraiser after recording. A transfer that removes homestead protection can raise the tax bill substantially the following year.
When a quit claim deed is the wrong tool
When you’re settling an estate. If the owner died, you usually can’t just quit claim the property to the heirs. Florida generally requires probate to move title from a deceased person. Deeds signed by heirs before probate is complete often don’t clear title. See our guide to Florida summary administration.
When there are multiple heirs who don’t agree. One heir’s quit claim deed only transfers that heir’s share. If four siblings inherit and one signs, you now own a one-quarter interest alongside three people who didn’t sign.
When you’re buying from a stranger. Use a warranty deed and buy title insurance. A quit claim deed gives you no protection at all.
When there are liens you don’t know about. Quit claim deeds transfer property with its liens - code enforcement liens, tax liens, judgments, HOA liens. They come along for the ride. Pull a title search first.
The situation this page is really about
A lot of people land here because a house has become a problem, and a quit claim deed looks like the cheap way out. Usually it isn’t.
If you’re trying to get out from under a property - because of a divorce, an inheritance you didn’t ask for, a mortgage you can’t carry alone, or a house 1,000 miles away you can’t manage - the deed transfer is a side issue. The real question is whether you should keep the property at all.
Your realistic options:
- Refinance into one name, if whoever’s staying can qualify.
- List it with an agent. Best price, takes 30–90 days plus closing, and you’ll pay commission and seller closing costs. Fine if the house is in good shape and nobody’s in a hurry.
- Sell it as-is for cash. Less than retail, but it closes in days, requires no repairs, and ends the mortgage liability for everyone on the note.
- Keep it and rent it. Works if the numbers work and you can manage it - or pay someone who can.
When a cash sale genuinely makes sense: when there’s a deadline (foreclosure, probate, a divorce decree), when the house needs work you can’t fund, when heirs are scattered and want it over, or when holding costs are bleeding you.
When it doesn’t: when you have equity, time, and a house that shows well. List it. You’ll net more. We’d rather tell you that than waste both our time.
Frequently asked questions
Does a quit claim deed remove my name from the mortgage in Florida? No. A quit claim deed transfers ownership only. You remain fully liable on the mortgage until the loan is refinanced, formally assumed with a release of liability, or paid off.
How much does a quit claim deed cost in Florida? Recording fees run roughly $20–$50. Documentary stamp tax is $0.70 per $100 of consideration, and the mortgage balance counts as consideration unless an exemption applies. A $300,000 mortgage means about $2,100 in tax.
Do I need a lawyer for a quit claim deed in Florida? Not legally. But if a mortgage is attached, if the property was inherited, if there are multiple owners, or if you’re in a divorce, an hour of an attorney’s time is cheap compared to a defective transfer.
Does a quit claim deed need to be notarized in Florida? Yes - and it also needs two witnesses. Both are required. The notary can count as one witness.
Can I use a quit claim deed to transfer a house after someone dies? Usually not directly. Florida generally requires probate to transfer a deceased person’s real property. See Florida summary administration.
Will a quit claim deed affect my homestead exemption? It can. Changing ownership may reset your Save Our Homes assessment cap or end your exemption. Contact your county property appraiser before you record.
This is general information about Florida law, not legal or tax advice. Deed transfers have real tax and title consequences that depend on your specific facts. Talk to a Florida real estate attorney before you record anything.
Beach Bums Real Estate buys houses for cash throughout Orlando and Central Florida. If you’re weighing your options on a property, call us at (689) 249-4888 - we’ll tell you straight, even if the answer isn’t selling to us.
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