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Quitclaim vs. Warranty Deed in Florida: What’s the Difference?

Which deed protects you, when a quitclaim is (and isn’t) enough, and how to transfer Florida property the right way.

By Antonio Casseus ·

All deeds transfer ownership, but they don’t all offer the same protection. In Florida, the two you’ll hear about most are the warranty deed and the quitclaim deed — and choosing the wrong one can leave the new owner exposed.

Warranty deed

A warranty deed comes with promises. The seller guarantees they own the property free and clear and will defend the title against any claim — even one that predates their ownership. This is the deed used in nearly every arm’s-length sale, because it gives the buyer the strongest protection.

  • Guarantees clear title and the right to sell
  • Protects the buyer against prior claims and defects
  • Standard in transactions where money changes hands

Quitclaim deed

A quitclaim deed transfers whatever interest the person happens to have — with no guarantee that they own anything at all. If it turns out there was a defect or a competing claim, the new owner has no recourse against the person who signed.

  • No warranty of clear title
  • Common between family members, spouses, or into a trust/LLC
  • Fast and simple — but only appropriate when trust and title are already clear
A quitclaim deed is not “worse” — it’s just a different tool. The mistake is using it in a sale, where the buyer needs the guarantee a warranty deed provides.

When each makes sense

Buying from a stranger? You want a warranty deed. Adding a spouse to title, moving your own property into a trust, or clearing up a name after a divorce? A quitclaim may be perfectly appropriate. There’s also the enhanced life-estate (“lady-bird”) deed, which can pass Florida property at death while avoiding probate.

Get the transfer right the first time

The deed you download online may be the wrong instrument for your goal — and deed mistakes can create title and tax problems that surface years later. We prepare and record the correct deed and confirm it does what you actually intend.

Have a specific question? This article is general information, not legal advice. For guidance on your own property or contract, call (904) 219-1020 for a free consultation with attorney Antonio Casseus.

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