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Florida Rules for Filing a Quitclaim Deed

by Trent Jonas

A quitclaim, like other types of deeds, is a way to transfer ownership of real estate from one person to another. These deeds are typically used to transfer property between family members or to add another party, like a new spouse, to the ownership record. Under Florida law, a person who is given a quitclaim deed is treated as a bona fide purchaser, thus a quitclaim deed must be filed with all the formalities of any other deed.

Formal Requirements

According to Florida law, a quitclaim deed must contain certain formal elements. If any element is missing, the deed may be rejected by the clerk and you will have to get it fixed and re-signed. All deeds must have a 3 inch square of white space in the upper-right corner of the first page to accommodate computerized recording information. Your quitclaim deed must also contain the name and address of the person who prepared the deed. The quitclaim deed must also include the names and mailing addresses of the grantors and grantees, or sellers and buyers, respectively. The grantors must sign the deed, along with two witnesses, in front of a notary public, who will then acknowledge the deed with her seal.

Filing Your Deed

File your quitclaim deed with the Clerk of Court in the county where the property is located. You will have to pay a recording fee as well as a documentary tax, which vary in amount from county to county.

About the Author

Trent Jonas accepted his first assignment in 1988 from "The Minnesota Daily" and has been writing professionally ever since, primarily as a copywriter. He is an experienced traveler with a background in advertising, entrepreneurship and as an attorney. Jonas has a Bachelor of Arts in English writing from the University of Minnesota and a Juris Doctor from Hamline University.

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