Florida Quitclaim Deed for Divorce: What the Decree Doesn't Do

Updated August 7, 2026 using the primary authorities cited below.

When a Florida divorce ends with one spouse keeping the family home, most people assume the divorce decree takes care of everything. It doesn't. The decree orders the transfer — it doesn't execute it. If no deed or other legally effective instrument changes record title, the public land records may continue to show both spouses as owners, regardless of what the court said.

This distinction causes real problems: clouds on title, refinancing roadblocks, and complications when the property eventually sells. A Florida quitclaim deed is the instrument that actually moves ownership from one spouse to the other, and it has to be prepared, signed, and recorded correctly to do its job.

Why a Quitclaim Deed (Not a Warranty Deed) for Divorce

A warranty deed carries title guarantees: the grantor promises the title is clean, free of undisclosed encumbrances, and that they will defend the grantee against any future claims. That is appropriate between strangers in a typical arm's-length sale.

A quitclaim deed makes no such promise. The grantor conveys whatever interest they actually hold — nothing more, nothing less. The transferring spouse is not warranting the title history of the home; they are simply releasing their ownership interest to their former spouse. For divorce property transfers in Florida, a quitclaim deed is legally appropriate and widely used in divorce-related chains of title.

The Decree vs. Deed Distinction: The Most Commonly Missed Step

A divorce decree (or final judgment of dissolution) is a court order. It obligates each party to carry out its terms, including transferring property. It creates a legal duty. What it does not do is actually change title.

A quitclaim deed is a conveyance instrument used to transfer the grantor's ownership interest. Recording places the conveyance in the public land records and affects third-party rights and priority. This is the step that changes who owns the property in the public record.

Many divorcing couples treat the decree as sufficient and never get around to preparing and recording the deed. Years later, when the spouse who kept the home tries to sell or refinance, the title search reveals that the ex-spouse's name is still on the deed. The solution is straightforward: after the divorce is final, prepare the quitclaim deed, execute it according to Florida's requirements, and record it with the county clerk. Don't wait.

The Mortgage Problem: What the Deed Doesn't Fix

If a divorce decree requires one spouse to remove the other from loan liability, a quitclaim deed alone does not accomplish that. Resolution typically requires a lender-approved assumption, refinance, payoff or sale, or another lender-approved arrangement.

Who Signs the Quitclaim Deed

Only the grantor — the spouse transferring their interest — needs to sign the quitclaim deed. The grantee (the spouse receiving the property) does not sign, though both names appear in the deed.

The grantor's signature must be:

• Witnessed by two subscribing witnesses (Fla. Stat. §689.01)
• Acknowledged before a notary public (Fla. Stat. §695.03)

The grantor signs in the presence of two subscribing witnesses. They sign in the designated witness lines on the deed form, and the notary completes the acknowledgment block confirming that the grantor appeared before them and acknowledged signing the instrument.

Documentary Stamp Tax

Florida's Documentary Stamp Tax (Fla. Stat. § 201.02) normally applies to deed transfers. For most transfers, the rate is $0.70 per $100 of consideration.

Transfer of the marital home after divorce: Florida provides a documentary-stamp exemption for qualifying transfers of the marital home or an interest in it between spouses or former spouses following dissolution of marriage. Confirm that the specific property and transfer fall within the exemption with a tax professional or the Florida DOR before claiming it. Retain documentation supporting the exemption and follow current DOR and county requirements.

Other real estate transferred in a divorce: For real estate that was not the marital home, the documentary-stamp treatment depends on the consideration involved, including mortgages, liens, or other encumbrances. Do not assume the divorce exemption applies automatically.

What Happens If You Don't Record the Deed

Failing to record a deed after a Florida divorce carries risks that compound over time:

• Title remains in both names. Future creditors, lienholders, or purchasers searching title will see the prior spouse's interest as unresolved.
• Cloud on title. When the property is eventually sold, title insurance will identify the missing deed as a defect. Clearing it requires locating the ex-spouse — who may have remarried, moved, or become difficult to reach.
• Refinancing obstacles. Most lenders require clean title in the borrower's name before approving a refinance.
• Probate complications. If either party dies before the deed is recorded, their interest in the property may pass through their estate, creating additional legal proceedings.

Step-by-Step: Transferring Property with a Quitclaim Deed in a Florida Divorce

Consistency with the Divorce Judgment

Do not prepare vesting, consideration, or ownership percentages that conflict with the final judgment, marital settlement agreement, or court order. The deed should implement what the court ordered — not restate or reinterpret it.

Frequently Asked Questions

Does a divorce decree transfer property automatically in Florida?

No. A divorce decree orders the transfer; it does not execute it. A separate quitclaim deed must be prepared, signed, and recorded to actually change title in the public record.

Can I use a quitclaim deed if there is a mortgage on the property?

A deed can transfer the grantor's ownership interest without removing either borrower from the loan obligation. Recording the deed does not, by itself, release a borrower from the promissory note or eliminate an existing mortgage lien. Removing a borrower from the loan requires a refinance or formal assumption with lender approval.

Do both spouses need to sign the quitclaim deed?

Only the grantor (the spouse transferring their interest) signs. The deed must be witnessed by two subscribing witnesses and acknowledged before a notary. The grantee does not sign.

Is there documentary stamp tax on a divorce property transfer in Florida?

Generally, no. Transfers pursuant to a dissolution of marriage may be exempt under Florida DOR Rule 12B-4.013. The application depends on circumstances. Retain documentation supporting the exemption and follow current DOR and county requirements; consult a Florida attorney or the DOR if there is any ambiguity.

Where do I record the deed?

With the clerk of the circuit court in the county where the property is located. Each Florida county has its own recording office and fee schedule.

What if my ex-spouse won't sign the deed?

If the divorce decree requires the transfer and the other party refuses, you may need to return to court to enforce the judgment. In some cases, a court can issue an order directing that the deed be executed, or a judicial officer can sign on the non-complying party's behalf under Florida Rule of Civil Procedure 1.570.

This article provides general educational information, not legal, tax, or financial advice. Consult an appropriate Florida professional for advice about a specific transfer.