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Florida Quitclaim Deed

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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Florida at a glance: Witnesses Required: 2 subscribing witnesses (mandatory) · Notary Required: Yes (mandatory for recording) · Governing Law: Fla. Stat. § 689.01

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Overview

Quitclaim Deeds in Florida

Florida quitclaim deeds are governed by Chapter 689 of the Florida Statutes. Florida has a strict statutory witness requirement: **all deeds must be signed by the grantor in the presence of at least two subscribing witnesses** (Fla. Stat. § 689.01). Additionally, the grantor's signature must be acknowledged by a notary public to be recorded. The witnesses cannot be parties to the transaction, but they can be family members.
Key Facts

Florida Quitclaim Deed — Quick Reference

RequirementFlorida Rule
Witnesses Required2 subscribing witnesses (mandatory)
Notary RequiredYes (mandatory for recording)
Governing LawFla. Stat. § 689.01
Required DisclosuresHomestead status must be disclosed
Legal Requirements

Florida Legal Requirements

  • Signed by the grantor in the presence of two separate subscribing witnesses.
  • Grantor's signature must be acknowledged by a notary public.
  • Must include the preparer's name and address on the first page.
Governing Laws

Florida Governing Laws

Fla. Stat. § 689.01
How Real Estate Conveyed
Strictly mandates that real estate transfers be in writing, signed by the grantor, and witnessed by two subscribing witnesses.
Fla. Stat. § 695.26
Recording of Instruments
Establishes formatting and notary requirements for county recording.

Read the full text of these laws at Cornell Law School's Florida legal resources or your state legislature's official website.

Questions & Answers

Florida Quitclaim Deed — Frequently Asked Questions

What happens if I sign a Florida quitclaim deed without witnesses?

The deed is legally defective and the county clerk will refuse to record it. Both witness signatures are strictly required for validity under Florida law.

Can the notary also act as a witness in Florida?

Yes, a Florida notary public can sign as one of the two required witnesses, provided they sign in both capacities.