Deeds & Property Transfers
Florida Quitclaim Deeds & Property Transfers
Attorney-prepared deeds, not stock forms.
Hennen Law prepares Florida deeds based on the particular transaction and evaluates the title, tax, homestead and ownership issues a generic online deed form does not address.
A deed is simple. The consequences are not.
A quitclaim deed may appear simple, but transferring Florida real estate can have consequences beyond filling in names on a form. Hennen Law prepares deeds based on the particular transaction and evaluates issues that a generic online or stock deed form may not address.
Before preparing a deed, the firm can consider how the property is currently titled, how the new owners intend to hold title, whether an existing mortgage may affect documentary stamp tax, the consideration being given for the transfer, homestead issues and whether the proposed transfer accomplishes the client's intended result.
Common Question
Why not just use an online quitclaim deed?
The deed itself may be only a few pages. The important questions are what the deed should say and what happens when it is recorded.
A stock form generally does not evaluate whether the legal description is correct, whether documentary stamp tax is due, whether an existing mortgage affects the tax analysis, whether the transfer involves Florida homestead property, how multiple owners should take title, or whether another type of deed would better accomplish the intended transfer.
An incorrectly prepared deed can create title problems that may not be discovered until the property is refinanced, sold or transferred again.
What We Review
Issues considered before a deed is prepared
- Existing mortgages and documentary stamp tax
- Correct legal descriptions
- Homestead considerations
- Individual versus entity ownership
- Transfers into or out of LLCs
- Transfers between family members
- Adding or removing owners
- Joint ownership and survivorship
- Transfers involving trusts
- Recording requirements
- Whether a quitclaim deed is actually the appropriate deed
FAQ
Florida deed questions
Is a quitclaim deed the right deed for my Florida property transfer?
Not always. A quitclaim deed transfers whatever interest the grantor has, without warranties of title. Depending on the transaction, a warranty deed, special warranty deed, personal representative's deed or enhanced life estate deed may better accomplish the intended result.
Is documentary stamp tax due on a Florida quitclaim deed?
It depends on the consideration for the transfer. If the property is encumbered by an existing mortgage, Florida documentary stamp tax may be calculated on the outstanding mortgage balance even when no money changes hands.
What can go wrong with an online quitclaim deed form?
A stock form generally does not evaluate the legal description, documentary stamp tax, homestead issues, how multiple owners should take title, or whether another deed type is appropriate. Errors may not surface until the property is refinanced, sold or transferred again.
Related reading: Quit Claim Deeds vs. Quick Claim Deeds: What's the Difference?
Deeds & Property Transfers
Have a Florida deed prepared correctly.
Tell us about the property and the transfer you have in mind, and Hennen Law will advise on the appropriate deed and prepare it.