Every year, many people draw up various documents on the transfer of ownership of real estate. At the same time, the legal field does not regulate one specific method of transferring property rights from person to person since there are many such legal tools.
The most common legal document in the United States is the quitclaim deed. A Florida quitclaim deed is an official legal document that controls the transfer of property rights from one person to another. The specifics of such an act are as follows: this legal paper does not give a guarantee of ownership. As a rule, people do not use this act to sell property. Such quitclaim deeds are helpful when transferring ownership between family members or transferring ownership to a trust.
Now review the information below to avoid misunderstanding the legal subtleties regarding such acts.
You can create a personalized Florida Quitclaim Deed Form using a specialized document builder that will get you through the process step by step:
You can also download a free Florida Quitclaim Deed Form template as a PDF file to fill and print it out yourself:
Quitclaim Deed Laws and Requirements in Florida
As already noted, the Florida quitclaim deeds do not guarantee that the current owner has the ownership.
People use this legal document in the following cases:
- Transfer of property to a family member
- Transfer of property to an ex-spouse following a divorce
- Transfer of ownership to a trust or business
- Transfer of property to the person who will own the property with the current owners
- If the owner no longer wants to own the property (transfer to another person)
Moreover, waivers of claims are valid for the transfer of ownership in Florida. In this regard, there is no equivalent to an action without a guarantee or a guarantee obligation in Florida. Such subtleties should be taken into account when making quitclaim deeds.
Indeed, a specific feature of the Florida quitclaim deed is the absence of any guarantee of ownership. Keep in mind that the person receiving the property by quitclaim deed cannot sue the former owner. Even if there are any liens to the property, the recipient has no legal claims against the former owner. Therefore, before filling out such an act, it is necessary to study this issue in more detail. In this case, you may review the Florida laws about the quitclaim deed, as well as the requirements for writing this document.
Laws involved
The primary Florida Law about the quitclaim deed is the Florida Statute (Title XL, Chapter
§ 695.01(2) and § 695.26). According to this law, you may apply to the County Recording Office. Secondly, you must notarize the quitclaim deed. You may apply to any notary office. Finally, another mandatory requirement is witnesses. These persons must attest that you sign the quitclaim deed with your consent without coercion and pressure from the other person.
It is also worth noting that quitclaim deeds contain several formulations. So, the Florida quitclaim deed “renames, releases and terminates claims” the property to the transferee. Keep in mind that any discrepancy in the wording of these legal acts may have a significant consequence for the two parties.
According to the basic requirements, this document must contain the following information:
- Personal data of the former owner and recipient
- Data of the originator of the document
- Data about real estate
- Information on taxes
- Signatures of two parties
- Notarial confirmation
You have read the requirements and provisions of the Florida quitclaim deeds. Now study the steps for filling out this form, which will allow you to create a document without any difficulties.
How to File a Quitclaim Deed in Florida
In Florida, quitclaim deeds must be in writing. Otherwise, these documents will be invalid.
1. Download the official quitclaim deed template
Firstly, you need to download the quitclaim deed template in PDF format. You may also use the Word format.
2. Check out what a quitclaim deed is
Firstly, you need to understand what kind of document it is. This act transfers the ownership of property from one person to another. Consider every detail when studying the aspects of submitting quitclaim deeds.
3. Find a copy of your current deed
Before submitting such an act, you need to request a copy of your current property document. Usually, such a document requires a legal description of the transferred property.
4. Consider the issue of guarantees
Indeed, Florida quitclaim deeds do not guarantee to the new owner that the previous owner was the rightful owner. In case of problems with the property, the new owner will not be able to file a lawsuit in court. Therefore, decide for yourself whether you need a warranty card or not. Consult with a lawyer who may give you advice.
5. Fill out the form
If you still decide to file a quitclaim deed, fill in all the necessary information in the document. Specify the personal data of two parties, the name, and the address of the person making the quitclaim deed. Also, enter the identification number for the parcel, the legal description of the property, and the amount of money.
6. Sign and notarize the document
The next step is the signature. Both the buyer and the recipient must sign the form in front of witnesses. Keep in mind that the voluntary consent of the two parties is required when drawing up the document. No one has the right to force you to sign the form.
7. File the form
Make copies of the relevant documents and take the original to the secretary of the judicial office. The Office employee must accept your application.
8. Pay the service fee
You must pay the service fees. For instance, the fee for recording a case is $ 10 for the first page and $ 8.5 for each additional one. Don’t forget to pay your taxes.
9. Transfer copies of the documents to the other party
The final stage is the transfer of copies of documents to another participant of the transaction. If you do not want to lose the paper, keep it in a safe place (for instance, a safe).
It is a step-by-step guide to creating and filing the Florida quitclaim deed. Following the above steps, you will quickly and easily issue this act.