Question 1

What are the common uses of a quitclaim deed in Florida?

Accepted Answer

Common uses: divorce (one spouse transfers their interest to the other; Section 61.075 governs equitable distribution), family gifts (parents transfer property to children without a sale), trust transfers (the owner transfers property to their revocable living trust for estate planning), clearing clouds (a person with a potential claim quitclaims their interest to remove the cloud), and name changes (updating the title to reflect a name change after marriage or legal name change).

Question 2

How is a quitclaim deed used in a Florida divorce?

Accepted Answer

Divorce use: as part of the marital settlement agreement or court order, one spouse quitclaims their interest in the marital property to the other. The deed: transfers the interest pursuant to the divorce decree, is typically exempt from documentary stamp tax (Section 201.02(7)(b): transfers between spouses pursuant to a divorce decree are exempt), and should be recorded immediately after execution. Important: the quitclaim deed does NOT affect the mortgage; if both spouses are on the mortgage, the transferring spouse remains liable unless the mortgage is refinanced.

Question 3

How is a quitclaim deed used for Florida trust transfers?

Accepted Answer

Trust transfer: the owner quitclaims the property to their revocable living trust (e.g., "John Smith, as Trustee of the John Smith Revocable Trust"). Benefits: avoids probate (the property passes to beneficiaries without court involvement), maintains control (the grantor remains the trustee and controls the property), and preserves homestead (if properly structured, the homestead exemption and Save Our Homes cap are preserved). Documentary stamp tax: may be exempt if the transfer is for no consideration and the grantor is the trust beneficiary.

Quitclaim Deed Uses

Quitclaim Deed Uses in Florida

Divorce

Trust Transfers

Other Uses

Related Terms

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