Quitclaim Deeds and Title Problems When Selling a House in Florida

Quitclaim deeds are common in Florida property records, often used for adding a spouse to title, transferring property between family members, or clearing up ownership after a divorce. They're a legitimate legal tool, but they work differently than most sellers expect, and understanding that difference matters if one shows up in a property's title history. Here is generally how that works.

What a quitclaim deed actually transfers

A quitclaim deed conveys whatever interest the person signing it actually holds in the property, without any promise about what that interest is or whether the title is free of problems. This is different from a statutory warranty deed. Under Florida Statute 689.02, Florida prescribes a specific statutory warranty deed form, and under Florida Statute 689.03, a conveyance made substantially in that form is held to be a warranty deed with full common-law covenants. A quitclaim deed does not provide those covenants. If the person signing it didn't have clear title to begin with, the quitclaim deed doesn't create it; it only passes along whatever interest actually existed. A separate Florida law can sometimes clear certain old, stale title claims after enough time has passed; see our guide on Florida's Marketable Record Title Act for how that works.

Why quitclaim deeds show up in a title history

Quitclaim deeds are frequently used for situations where a full sale transaction isn't really what's happening: adding a new spouse to an existing deed, removing a former spouse's name after a divorce, or transferring a property between family members. They're a legitimate and commonly used tool for these situations. The issue isn't that a quitclaim deed was used; it's that because the deed carries no title warranty, any underlying question about the property's actual ownership at the time isn't resolved just because a quitclaim deed was signed and recorded.

What makes a deed valid in the first place

Under Florida Statute 689.01, a conveyance of real estate generally must be in writing and signed in the presence of two subscribing witnesses by the person making the conveyance, or by their lawfully authorized agent. This requirement applies to a quitclaim deed the same as any other type of deed. A deed that wasn't properly executed under these requirements, whether it's the quitclaim deed itself or an earlier deed further back in the property's history, can become its own title problem, separate from the general issue of what interest a quitclaim deed actually conveyed.

What to check before selling

A title search will show whether a quitclaim deed appears anywhere in the property's chain of title and flag whether it created a gap or an open question about ownership. This is something a title company or Florida real estate attorney needs to review directly, using the actual recorded documents, rather than assuming a quitclaim deed used years ago was handled correctly or that it resolved whatever situation it was meant to address. Getting a title search done early, before a buyer is under contract, gives time to sort out any issue calmly rather than under closing pressure.

Where a direct sale fits

A cash, as-is sale doesn't change the need to clear a genuine title problem connected to a quitclaim deed; the title company handling the closing still has to confirm clean, insurable title regardless of how the buyer is paying. What a cash sale can remove is the financing-approval variable, so the remaining work is focused specifically on resolving whatever the title search actually turns up. See our guide on how to avoid a failed house sale in Florida for the broader set of title issues, beyond quitclaim deeds specifically, that can stall or collapse a closing.

Frequently asked questions

What does a quitclaim deed actually do in Florida?

A quitclaim deed transfers whatever interest the person signing it actually has in the property, without making any promise about what that interest is or whether it's free of problems. Unlike a statutory warranty deed under F.S. 689.02, which under F.S. 689.03 is held to be a warranty deed with full common-law covenants, a quitclaim deed does not provide those covenants. If the person who signed it didn't actually have clear title, the quitclaim deed doesn't fix that; it just passes along whatever was there.

Why do quitclaim deeds show up in a home's title history?

Quitclaim deeds are commonly used for situations like adding or removing a spouse from title, transferring property between family members, or clearing up a name on a deed after a divorce, without the cost or complexity of a full sale transaction. They're a legitimate tool for these situations, but because they carry no title warranty, any underlying problem with the property's ownership history isn't resolved just because a quitclaim deed was recorded.

What makes any deed, including a quitclaim deed, legally valid in Florida?

Under F.S. 689.01, a conveyance of real estate must generally be in writing and signed in the presence of two subscribing witnesses by the person making the conveyance, or their lawfully authorized agent. A deed that wasn't properly executed, whether it's a quitclaim deed or another type, can itself become a title problem discovered later during a title search.

What should I check before selling a house with a quitclaim deed in its history?

A title search will show whether a quitclaim deed appears in the property's chain of title and whether it created any gap or question about ownership. A title company or Florida real estate attorney reviewing the actual recorded documents is the right way to confirm whether a quitclaim deed in the property's history needs anything resolved before a sale, rather than assuming it was handled correctly at the time.

Not sure whether a quitclaim deed in the title history is a problem? Call OfferLink at 407-584-9111. We buy as-is across Florida, including Orange County, Lake County, and Polk County. This article is general information, not legal advice. A title company or Florida real estate attorney reviewing the property's actual recorded documents is the right resource for confirming what needs to be resolved for a specific sale.