Coral Gables Quitclaim Deed Lawyer

A quitclaim deed is a simple and efficient way to transfer a property title. However, there are legal requirements that must be met in order for a quitclaim deed to be effective, and they should only be used in specific situations.

Speak with a Coral Gables quitclaim deed lawyer if you are considering transferring property to a relative or close associate. A title and deed attorney could confirm that a quitclaim deed will suit your needs, draft the deed, and make sure it is executed and recorded properly.

Understanding Quitclaim Deeds

A quitclaim deed is a legal document that transfers property from the owner, called a grantor, to another party, called the grantee. If there are encumbrances on the property or defects in the title, those transfer with the quitclaim deed.

A quitclaim deed is a simple way to change the property’s title. An owner may want to add a family member to the title, remove an ex-spouse or other family member, or transfer the title to their living trust or LLC. A quitclaim deed takes effect immediately and cannot be used to transfer title after a grantor’s death.

A quitclaim deed should never be used to transfer property between parties in an arms-length transaction. These should be handled only with a warranty deed, which conveys a guarantee of marketable title. A Coral Gables attorney could advise a grantor about whether a quitclaim deed is appropriate in their specific case.

Legal Requirements for a Quitclaim Deed

Florida Statutes § 695.26 governs deeds conveying an interest in real property, including quitclaim deeds. These deeds must meet certain legal requirements to be binding.

The deed must identify the grantor and the grantee, and it must clearly describe the property. The description is not the postal address but the coordinates, streets, or distances defining the property’s boundaries and a description of any improvements.

The grantor must sign the document before two witnesses, but the grantee’s signature is not required. The document must also be notarized. If the property is a homestead, the grantor’s spouse also must sign the deed, even if the property is solely in the grantor’s name. A Coral Gables lawyer could ensure that the quitclaim deed is executed correctly and all the formalities are met.

Recording the Deed

Ensuring that the deed is properly recorded is an essential step. The signed, witnessed, and notarized quitclaim deed must be brought to the county clerk in the county where the property is located.

As a title agent, at Jacqueline A. Salcines, P.A., we record the deed electronically directly with the clerk of the court, making it public record of the property transfer. Recording the deed places everyone on notice of the title holder.

It is important to make sure that the person preparing the quit claim deed also collects any documentary stamp taxes on the outstanding mortgage.  While a quit claim deed can be used for mortgaged properties, it is important to read the mortgage in its entirety, as the mortgage company may be able to accelerate the mortgage balance due to the transfer. A Coral Gables attorney could help a grantor or grantee understand their obligations regarding quitclaim deeds and mortgaged property.

Talk With a Coral Gables Attorney About Transferring Property With a Quitclaim Deed

A quitclaim deed can be an efficient way to transfer property in some circumstances. However, it is only appropriate in specific situations.

Our Coral Gables quitclaim deed lawyer, Jacqueline A. Salcines, personally handles all real estate matters and could ensure that a quitclaim deed transfers the property properly and all parties understand its implications. Don’t go it alone – reach out to our office today to learn more.