What is the difference between a warranty deed and a quitclaim deed?

A warranty deed guarantees the title is clear. A quitclaim deed transfers whatever interest the grantor has, with no guarantee.

How many witnesses does a Florida deed need?

Two witnesses must sign, and the signature should be notarized. The witnesses' printed names and addresses must appear on the deed.

Is a quitclaim deed enough to add my spouse to the title?

It can be, but the wording matters for how you hold title, and a mortgage may have conditions. Review it first.

Do I have to record a deed?

The deed is valid between the parties once delivered, but recording protects you against later buyers and creditors, so you should always record it.

Can I put my child on my deed to avoid probate?

It may avoid probate, but it can cause gift tax filing, loss of the step-up in basis, and creditor exposure. A Lady Bird deed is often a safer option.

Florida Deeds Explained: Warranty vs. Quitclaim and How to Sign One

What a Deed Does

A deed is a written document that transfers ownership of real property from one person (the grantor) to another (the grantee). It does not take effect until it is delivered and, to protect your ownership against later claims, it should be recorded with the clerk of court in the county where the property is located.

The Main Deed Types

General warranty deed. The grantor promises the title is clear and agrees to defend it against all claims, including problems that arose before they owned the property. It offers the most protection to the buyer and is common in sales.
Special warranty deed. The grantor promises only that no problems arose during their own ownership. These are common in commercial deals and sales by banks and companies.
Quitclaim deed. The grantor transfers whatever interest they have, if any, with no promises about the title. It is often used between family members, to add or remove a spouse, or to clear up a gap in the record, but it offers the buyer no protection.
Personal representative and other court deeds. These are used when an estate, trustee, or guardian is transferring the property.

Signing and Witness Rules

Under Florida Statutes section 689.01, a deed must be signed in the presence of two subscribing witnesses, and the signature should be acknowledged before a notary. Since 2024, the witnesses' printed names and addresses must appear on the deed. Missing witnesses or missing information is one of the most common reasons a deed is rejected or later challenged.

Documentary Stamp Tax

When a deed is recorded, Florida charges documentary stamp tax of 70 cents per $100 of the consideration paid, with a minimum charge. Transfers that include an existing mortgage can still owe tax on the mortgage balance, so a no-money deed between family members is not always tax free.

How You Hold Title Matters

The deed also states how multiple owners hold the property. Married couples can hold title as tenants by the entirety, which generally protects the home from the creditors of just one spouse and passes the property to the survivor automatically. Unmarried owners usually hold as joint tenants with right of survivorship or as tenants in common, and the difference decides who inherits.

Common Deed Mistakes

Using a quitclaim deed to sell to a stranger, which leaves the buyer with no protection
Adding a child to a deed to avoid probate without considering gift tax, loss of the step-up in basis, and the child's creditors
Errors in the legal description or the owner's name
Forgetting to record the deed
Transferring a mortgaged home without checking the lender's due-on-sale clause

How We Can Help

We prepare and review deeds, handle closings, and advise on how to hold title. If you are transferring property for estate planning purposes, a Lady Bird deed or a trust may be a better tool than a simple quitclaim.