Florida Quitclaim Deed: Rules, Doc Stamps and When It Works

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

A Florida quitclaim deed must meet the same writing and two-witness rule as other deeds, and documentary stamp tax applies at 70 cents per $100 of consideration. A deed between spouses or former spouses in a divorce for the marital home is excepted.

Rules we confirmed

• A quitclaim deed is a conveyance of real property interests, so it must meet the same writing, two-witness execution rule: signed in the presence of two subscribing witnesses by the grantor. (Fla. Stat. Sec. 689.01(1))
• Instruments conveying real property are recorded only if they carry printed names and post-office addresses of signers, witnesses, preparer and grantee, and the clerk reserved space. (Fla. Stat. Sec. 695.26(1))
• Documentary stamp tax applies to deeds conveying any interest in real property at 70 cents per $100 of consideration, including mortgage amounts; the tax is not limited to warranty deeds. (Fla. Stat. Sec. 201.02(1)(a))
• Doc stamp tax does not apply to a deed between spouses or former spouses pursuant to a dissolution action where the property is the marital home, nor to a spouse-to-spouse homestead transfer where the only consideration is the mortgage. (Fla. Stat. Sec. 201.02(7)(a)-(b))
• A conveyance to a conduit entity followed by transfer of interests for consideration within 3 years is taxed at 70 cents per $100 on the transfer of the entity interest. (Fla. Stat. Sec. 201.02(1)(b)2)

What we could not confirm

• No official source was opened that defines a quitclaim deed's lack of title warranties.
• Marketable title and title insurance consequences of quitclaim deeds not confirmed from an official source.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Quitclaim Deed FAQ

Does a quitclaim deed need witnesses in Florida?

Yes. It is a conveyance of real property interests and must meet the same two-witness rule (Sec. 689.01).

Is doc stamp tax due on a quitclaim?

Yes, at 70 cents per $100 of consideration, with exceptions such as certain spousal and divorce transfers (Sec. 201.02).

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 201.02(1)(a)
• Fla. Stat. Sec. 689.01(1)
• Fla. Stat. Sec. 695.26(1)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.