Quit Claim Deed
A Quit Claim Deed is the fastest way to transfer property, but it is also the easiest way to create a title disaster. At Blast Legal, we ensure your deed is drafted correctly so it doesn't haunt you later. whether you are adding a spouse to a title after marriage, removing an ex-spouse after a divorce, or moving a property into your LLC or Revocable Trust, we handle the entire process.
The Dangers of DIY Quit Claim Deeds in Florida
The "Quit Claim" Deed (often mistakenly called a "Quick Claim" Deed) is a simple legal tool with complex consequences. It essentially says, "I give you whatever interest I might have in this property, but I promise nothing." While it is great for simple transfers between family members, using one without legal advice can result in massive tax bills and title defects.
What a Quit Claim Deed Does (And Doesn't Do)
Unlike a Warranty Deed, a Quit Claim Deed offers no guarantees.
No Warranty of Title: If it turns out there is a lien on the property or the person signing the deed didn't actually own it, the buyer has no legal recourse to sue.
Does Not Remove the Mortgage: This is the #1 misconception. If you quit claim your house to your ex-spouse, you are still on the hook for the mortgage. The deed only changes ownership, not the loan.
The "Doc Stamp" Trap
Florida charges a tax on property transfers called "Documentary Stamp Tax." Many people assume that if they "gift" the property to a child or spouse for $10, no tax is owed. This is false if there is a mortgage.
If the property has a mortgage, Florida law treats the mortgage balance as "consideration." You must pay taxes on the outstanding mortgage balance. Failing to pay this can lead to steep penalties.
The Homestead "Save Our Homes" Risk
Florida homeowners enjoy a 3% cap on annual property tax increases (Save Our Homes).
If you add someone to your deed who is not your spouse, you may trigger a "change of ownership" that uncaps your property taxes. This could cause your annual tax bill to double or triple overnight.
A Quit Claim Deed is a powerful tool, but it is not a "fill-in-the-blank" form. To protect your title insurance, your tax cap, and your wallet, have a professional handle the transfer.