A quit claim deed is a document that transfers real property from one party to another without warranty of title or interest. Spouses often use a quit claim deed to relinquish interest in real property during a divorce. Other reasons may include a recently married couple where the husband owns a piece of property and wants to include his wife, or someone paid cash for a piece of real property and the purchase is not going through an escrow company. Whatever the reason, there are certain legal requirements for filing a quit claim deed in Florida.
Grantor and Grantees
A Florida quit claim deed must list the granting party, the receiving party, known as the grantee and the grantee's residence. The deed must also identify the grantees. For instance, grantees might be husband and wife, tenants in common, joint tenants, tenant by right of survivorship or tenants by the entireties. It must also include the county in which the transaction is taking place and the property appraisal identification number, which can be found at the county property appraiser's office or on current deed documents.
Legal Description of the Property
Florida requires that a legal description be incorporated or attached into the quit claim deed when recording this document with the county recorder's office. Along with the legal description, the parcel identification number must be included on the quit claim deed. A legal description can be found with the real property's original deed or in county property appraisal records.
Under Florida law, a quit claim deed must be witnessed by two individuals when signed in the presence of a notary. These two witnesses must be uninvolved parties to the quit claim deed and must be present when documents are signed. These witnesses will also sign the quit claim deed.
All signatures must be signed in the presence of a licensed notary public in the state of Florida. Upon identification of all parties and after signatures have transpired, the notary public will sign the documents and place his notary seal on the documents. He fills out the proper verbiage according to Florida requirements. When this is complete the quit claim deed is ready for filing with the county in which the real property is located.