When a Florida divorce settlement includes real estate, a quitclaim deed is usually the document spouses use to carry that division out on the property's title. It is a specific legal instrument with its own signing, recording, and tax rules, separate from the Marital Settlement Agreement that states the parties' overall agreement.
Quick Answer: A quitclaim deed transfers a spouse's interest in real estate to the other spouse without warranting clear title. Fla. Stat. 689.01 requires it be a signed written instrument with two witnesses. It should be recorded with the clerk of the circuit court under Fla. Stat. 695.01 to protect the transfer against later claims. A deed transferring the marital home between spouses as part of a divorce is generally exempt from Florida's documentary stamp tax under Fla. Stat. 201.02(7).
How Does a Quitclaim Deed Work in a Florida Divorce?
A quitclaim deed conveys whatever interest the signing spouse (the grantor) currently has in a specific piece of real property to the other spouse (the grantee), without any promise or warranty about the condition of the title. It does not guarantee the property is free of liens, other ownership claims, or defects; it simply transfers whatever interest exists.
In a Florida divorce, this is the standard way to move title on a jointly owned property, most often the marital home, from joint ownership to one spouse alone, carrying out the property division that the spouses agreed to in their Marital Settlement Agreement, Form 12.902(f). See our guide to Florida Form 12.902(f): Marital Settlement Agreement for how that agreement documents the underlying property division, and What's a Typical Florida Divorce Settlement? for how equitable distribution shapes that division in the first place. For how a quitclaim deed works in general, including how California's related interspousal transfer deed differs, see our broader guide, Quitclaim Deed and Divorce.
Who Signs It and When?
The grantor, the spouse giving up their ownership interest, is the one who signs the deed. Florida's conveyance statute, Fla. Stat. 689.01, requires that a transfer of an interest in real property be made by a written instrument, signed by the party making the transfer in the presence of two subscribing witnesses (or, for electronic signatures, the statute's equivalent audio-video witnessing procedure).
Timing generally follows the settlement itself. Spouses commonly sign a quitclaim deed once the terms are final, often around the time the Marital Settlement Agreement is signed or shortly after the final judgment of dissolution of marriage is entered, so the deed reflects the ownership arrangement the court's judgment and settlement describe.
Does It Need to Be Recorded With the County?
A quitclaim deed is valid between the two spouses as soon as it is properly signed, even before it is recorded. Recording matters for a different reason: protecting the transfer against outside claims. Fla. Stat. 695.01 states that a conveyance of real property is not effective against creditors or later purchasers who buy the property for value and without notice, unless it is recorded.
The same statute specifically addresses quitclaim deeds: grantees under a quitclaim deed are deemed bona fide purchasers without notice within the meaning of Florida's recording acts. In practical terms, this means recording the deed with the clerk of the circuit court, who also serves as recorder, in the county where the property is located is the standard step to make the transfer fully protected against later claims, not an optional formality.
Documentary Stamp Tax on a Divorce-Related Deed
Florida charges a documentary stamp tax on most deeds transferring real property, calculated on the consideration paid, under Fla. Stat. 201.02. Divorce-related transfers of a marital home have a specific exemption: Fla. Stat. 201.02(7)(a) exempts a deed, transfer, or conveyance between spouses or former spouses made pursuant to a dissolution of marriage action, when the property is or was their marital home, and provides for a refund if the transfer happened up to a year before the dissolution. A related exemption in 201.02(7)(b) covers a deed transferring homestead property between spouses when the only consideration is an existing mortgage or lien on the property. Property values reported here should match what is listed on the Financial Affidavit filed earlier in the case.
What a Quitclaim Deed Does Not Do
A quitclaim deed changes who owns the property on title. It does not change who is responsible for an existing mortgage. The mortgage is a separate loan contract with the lender, so the spouse who originally signed that loan generally remains obligated to repay it even after quitclaiming away their ownership interest, unless the loan is refinanced in the other spouse's name alone or the lender agrees to release the departing spouse from the debt.
Common Mistakes to Avoid
- Assuming a signed quitclaim deed alone removes a spouse from the mortgage
- Leaving the deed unrecorded, which weakens the transfer against later creditor or purchaser claims
- Missing the two-witness signing requirement under Fla. Stat. 689.01
- Not checking whether the divorce-related documentary stamp tax exemption applies before assuming full tax is owed
- Treating a quitclaim deed as a substitute for the Marital Settlement Agreement rather than a document that carries out its terms
Frequently Asked Questions
How does a quitclaim deed work in a Florida divorce?
A quitclaim deed transfers whatever interest one spouse has in a piece of real estate to the other spouse, without any warranty that the title is clear of other claims. Florida spouses commonly use it to carry out a property division agreed to in a Marital Settlement Agreement, such as one spouse giving up their interest in the marital home to the other.
Who signs a quitclaim deed in a Florida divorce, and when?
The spouse giving up their interest in the property (the grantor) signs the deed. Under Fla. Stat. 689.01, the deed must be a written instrument signed by the grantor in the presence of two subscribing witnesses (or their electronic equivalent) to be valid. It is typically signed once the settlement terms are finalized, often around the time the Marital Settlement Agreement is signed or the final judgment is entered.
Does a Florida quitclaim deed need to be recorded with the county?
It does not have to be recorded to be valid between the spouses themselves, but Fla. Stat. 695.01 states that an unrecorded conveyance is not effective against creditors or later purchasers who buy the property in good faith and without notice. Recording the deed with the clerk of the circuit court in the county where the property is located is the standard way to protect that transfer against later claims.
Is there a documentary stamp tax on a quitclaim deed transferred in a Florida divorce?
Florida's documentary stamp tax generally applies to deeds, but Fla. Stat. 201.02(7)(a) exempts a deed, transfer, or conveyance between spouses or former spouses made pursuant to a dissolution of marriage action, when the property is or was their marital home. A separate exemption in 201.02(7)(b) applies to homestead property transferred between spouses when the only consideration is an existing mortgage or lien.
Does a quitclaim deed remove a spouse from the mortgage?
No. A quitclaim deed transfers ownership interest in the property, not responsibility for a mortgage loan. The mortgage is a separate contract with the lender, so the spouse who signed the original loan generally remains obligated to the lender unless the loan is refinanced, assumed, or otherwise released by the lender.
Are grantees under a Florida quitclaim deed treated the same as under a warranty deed for recording purposes?
For purposes of the recording acts, yes. Fla. Stat. 695.01(2) states that grantees by quitclaim deed are deemed and held to be bona fide purchasers without notice within the meaning of the recording acts, the same protection extended to grantees under other deed types once the deed is properly recorded.
How Virdix Helps
Virdix prepares the Florida Family Law Rules of Procedure forms used in an uncontested dissolution of marriage, including the Marital Settlement Agreement that states how property like the marital home will be divided. Virdix does not prepare or record real estate deeds; a quitclaim deed is typically handled separately with the county recorder once your settlement terms are set. Start free. Pay once, only when your documents are ready.
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This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. Statutes and procedures can change; always confirm current information with the Florida Courts, the Florida Statutes, or your county clerk of court. For advice about your specific situation, consult a licensed Florida attorney.
Sources: Florida Statutes 689.01, 695.01, and 201.02 (Florida Senate, flsenate.gov)