How the two deeds differ, what each one actually promises, and what every Florida deed must contain to be valid and recordable.
A warranty deed and a quitclaim deed are both written instruments that transfer Florida real estate. The difference is in the promises that come with the transfer, not in how they are signed. A warranty deed guarantees the grantor owns clear title and will defend it. A quitclaim deed makes no guarantees at all — it transfers only whatever interest the grantor happens to have, which could be everything, or nothing. The execution requirements are the same for both: a writing, two subscribing witnesses, a notary acknowledgment, and a legal description of the property.
Both deeds move title from a grantor (the person giving up the interest) to a grantee (the person receiving it). What separates them is the set of covenants of title — the legal promises the grantor makes about the quality of what is being transferred.
A third type, the special (or limited) warranty deed, sits in between: the grantor warrants only against title defects that arose during their own ownership, not before. It is common with banks, estates, and commercial sellers.
Any deed of a freehold interest must be in writing and signed by the grantor in the presence of two subscribing witnesses. No seal is required.
Prescribes the statutory warranty deed form and provides that a deed in that form carries full common-law covenants of title.
Florida's statutory quitclaim form, added in 2023. Requires party names and addresses, a legal description, and a blank for the parcel ID number.
The grantor's signature must be acknowledged before a notary public or other authorized officer for the deed to be recorded.
Sets the formatting the clerk requires: printed names and post-office addresses for signers, witnesses, the notary, the preparer, and the grantee, plus a 3″×3″ clerk space.
Florida is a notice state. An unrecorded deed is valid between the parties but loses to a later good-faith purchaser who records first.
A deed of homestead property is invalid unless both spouses sign — even when only one spouse is on the title.
Florida taxes the consideration paid on a transfer. The rate is uniform statewide except in Miami-Dade County, which applies its own rate and surtax.
These elements apply equally to a warranty deed and a quitclaim deed. Missing one can leave a deed invalid, unrecordable, or open to challenge.
The grantor and grantee must be named with their full legal names and post-office addresses, and the document must clearly state that an interest in real property is being transferred.
Granting language showing intent to transfer — "grants, bargains, and sells" in a warranty deed, or "remises, releases, and quitclaims" in a quitclaim deed.
A street address is not enough. The deed needs the legal description (lot and block from the recorded plat, or a metes-and-bounds description) exactly as it appears in the current records, plus the parcel ID where available.
The grantor signs. The grantee does not sign the deed. If the property is homestead and the grantor is married, the spouse must also sign — see the warning below.
Two competent adults who are not parties to the deed must watch the grantor sign and sign their own names. Florida is one of the few states that still requires this for a deed.
A notary public verifies the grantor's identity and completes the acknowledgment. Remote online notarization is permitted if everyone is present on the same audio-video link.
The signed deed must be delivered to the grantee and accepted. A deed left unsigned-over in a drawer has not transferred title.
Recording is not required to make a deed valid between the parties, but it is what protects the grantee against later claims. The recorded deed must also carry the preparer's name and address and meet the § 695.26 formatting rules, or the clerk will reject it.
Use a warranty deed when someone is buying property and needs assurance the title is clean — almost any sale between parties who don't fully know each other. The covenants are what a buyer (and their title insurer) rely on.
Use a quitclaim deed when the parties already trust each other and the point is simply to move an interest: a divorce transfer, adding or removing a spouse or family member, or funding a trust. Just remember a quitclaim transfers only what the grantor has — it can't create good title where none existed.
Not sure which one your transaction calls for? That choice depends on your specific facts, and a licensed Florida real estate attorney can advise you on it.
Under Article X, § 4(c) of the Florida Constitution, a deed conveying homestead property is void as to the homestead unless both spouses join in the deed. This catches people who assume that because only their name is on the title, only their signature is needed. It isn't. A single-spouse homestead deed can be undone years later — long after the closing, the divorce, or the family transfer it was meant to settle.
The second common myth: a quitclaim deed does not remove anyone from a mortgage. The deed changes who owns the property; the loan obligation stays exactly where it was. A grantor who quitclaims their interest can still be liable on the note.
Because both of these errors are expensive to fix after the fact — and sometimes impossible — transfers involving a homestead, a mortgage, or estate planning are worth a conversation with an attorney before you sign.