What is the main difference between a warranty deed and a quitclaim deed?

A warranty deed transfers ownership and includes covenants from the grantor that the title is clear, that the grantor has authority to convey, and that the grantor will defend against claims. A quitclaim deed transfers whatever interest the grantor may have without any title warranties. If the grantor owns nothing, a quitclaim deed conveys nothing.

Does a quitclaim deed remove someone from the mortgage?

No. A deed and a mortgage are separate instruments. A quitclaim deed can transfer ownership interest, but it does not remove a co-borrower from the underlying mortgage obligation. The lender must agree to release a party from a loan, typically through a refinance or assumption. Signing a quitclaim deed does not relieve someone of mortgage liability.

Does a Lady Bird deed transfer ownership immediately?

No. Under a properly drafted Lady Bird deed, the owner retains a life estate and broad control during life. Ownership does not automatically pass to the named beneficiaries until the owner dies. During the owner's lifetime, the property remains under the owner's control subject to the terms of the deed.

Can a quitclaim deed be used in a sale?

Technically a quitclaim deed can be used in a sale, but most buyers purchasing property at arm's length expect a warranty deed or special warranty deed. Title insurance underwriters may also require a warranty deed for certain transactions. Using a quitclaim deed in a standard sale is uncommon and may raise issues for a buyer's lender or title insurer.

Does a warranty deed guarantee there are no title problems?

A warranty deed provides contractual promises from the grantor, but it does not eliminate title defects or guarantee perfect title. The value of those warranties depends on the grantor's ability to back them up. A title search and title insurance provide independent protections that a deed alone cannot replace.

Should I order a title search before signing a deed?

Reviewing the title before preparing or signing a deed is generally advisable. A title search can reveal open mortgages, judgment liens, HOA liens, incorrect legal descriptions, probate issues, and prior deed defects that may affect the transfer. Identifying these issues before the deed is recorded is far more manageable than resolving them afterward.

Can I prepare and record a deed myself?

Florida does not legally require an attorney to prepare a deed, but deeds must meet specific execution requirements including signatures, witnesses, notarization, and proper legal description. Errors in preparation can create title defects that are expensive to correct. Most practitioners strongly recommend attorney preparation for any deed involving real property.

Does a deed transfer trigger documentary stamp taxes?

In Florida, most deed transfers are subject to documentary stamp taxes. The rate is generally $0.70 per $100 of consideration in most counties (and $0.60 per $100 in Miami-Dade County). Certain transfers between spouses, into trusts, and other specific situations may be exempt, but each situation should be reviewed for applicable exemptions and requirements.

Can a deed affect homestead rights?

Yes. Florida's homestead laws affect how property can be transferred, who must consent to a conveyance, and what creditor protections apply. A deed that does not account for homestead requirements may be defective or create legal complications. For example, a married homeowner typically cannot convey homestead property without the spouse's joinder.

What if the legal description is wrong?

A deed with an incorrect legal description can fail to convey the intended property, create boundary disputes, or cloud title on the property. A corrective deed is typically required to fix the error in the public record. The correction process and its complexity depend on how the error occurred and what other parties may have relied on the original instrument.

Which deed is best for transferring property to a child?

There is no single answer. The appropriate deed depends on whether title warranties are intended, whether the transfer is a gift or sale, the current title status, any existing mortgages, homestead considerations, potential gift tax implications, and whether probate avoidance is a goal. Each family situation warrants its own review.

Can a deed be corrected after recording?

Yes. A corrective deed can be recorded to fix certain types of errors in a previously recorded deed. The corrective deed should reference the original instrument and explain the nature of the correction. For more significant defects, a quiet title action may be necessary. Prompt action is generally advisable once an error is discovered.

Do all Florida deeds require witnesses and notarization?

Florida law requires that a deed be signed by the grantor in the presence of two witnesses and be acknowledged before a notary public. A deed that does not meet these requirements may not be entitled to recordation and may not be effective against third parties even if recorded. Proper execution is not optional.

How long does deed preparation and recording take?

Deed preparation time varies depending on the complexity of the transaction and the title review required. Recording turnaround depends on the county recorder's office. Many counties now accept electronic recording, which can significantly reduce turnaround compared to physical submission. After preparation, most deeds can be recorded within a few business days.

Florida Deed Guide

Warranty Deed vs. Quitclaim Deed vs. Lady Bird Deed

Q: Can a Lady Bird deed be changed later?

In most cases, yes. One of the defining features of a Lady Bird deed (also called an enhanced life estate deed) is that the owner typically retains the right to sell, mortgage, change beneficiaries, or revoke the arrangement during life without the beneficiaries' consent. However, the specific language in the deed controls, and consulting with an attorney before relying on this flexibility is advisable.

Each deed serves a different purpose. This guide explains the differences so Florida property owners can better understand which option may fit their situation.

Discuss Your Deed Explore Deed Services

Educational information only. This page provides general information about Florida deed types and does not constitute legal advice for any specific property or transaction. The facts of each situation vary. Consult a Florida real estate attorney before preparing or recording any deed.

Deeds Are Not Interchangeable

Not all Florida deeds accomplish the same thing. Choosing the wrong deed type for a given situation can create title defects, tax problems, mortgage complications, or unintended ownership consequences that may be difficult and costly to correct.

The correct deed for any property transfer depends on several factors:

Why the property is being transferred
Whether title warranties are expected by the receiving party
Whether the current owner wants to retain control during life
Whether avoiding probate is a goal
Whether the transfer is part of a sale, a family arrangement, an estate plan, or a title correction

Quick Comparison

How the three deed types compare across key considerations.

Feature	Warranty Deed	Quitclaim Deed	Lady Bird Deed
Primary purpose	Property sales with title warranties	Transfer of whatever interest grantor holds	Estate planning with owner control retained during life
Common use	Arm's-length sales between unrelated parties	Family transfers, divorce, trust transfers, corrections	Homeowners planning to avoid probate while retaining control
Transfers ownership now
Owner retains control during life
Title warranties provided			Varies by deed language
May help avoid probate
Commonly used in a sale		Rarely
Commonly used between family members	Sometimes
Owner can later sell or mortgage property	N/A (ownership already transferred)	N/A (ownership already transferred)
Typical risk if used incorrectly	Moderate	High without title review	High without estate plan review
Attorney review recommended

Primary purpose

Warranty

Property sales with title warranties

Quitclaim

Transfer of whatever interest grantor holds

Lady Bird

Estate planning with owner control retained during life

Common use

Warranty

Arm's-length sales between unrelated parties

Quitclaim

Family transfers, divorce, trust transfers, corrections

Lady Bird

Homeowners planning to avoid probate while retaining control

Transfers ownership now

Warranty

Quitclaim

Lady Bird

Owner retains control during life

Warranty

Quitclaim

Lady Bird

Title warranties provided

Warranty

Quitclaim

Lady Bird

Varies by deed language

May help avoid probate

Warranty

Quitclaim

Lady Bird

Commonly used in a sale

Warranty

Quitclaim

Rarely

Lady Bird

Commonly used between family members

Warranty

Sometimes

Quitclaim

Lady Bird

Owner can later sell or mortgage property

Warranty

N/A (ownership already transferred)

Quitclaim

N/A (ownership already transferred)

Lady Bird

Typical risk if used incorrectly

Warranty

Moderate

Quitclaim

High without title review

Lady Bird

High without estate plan review

Attorney review recommended

Warranty

Quitclaim

Lady Bird

What Is a Warranty Deed?

A warranty deed is the deed most commonly associated with a real estate sale. When a seller conveys property by warranty deed, the deed includes covenants promising that the grantor holds good title, has the legal authority to convey, that the property is free from encumbrances other than those disclosed, and that the grantor will defend the title against claims from third parties.

These covenants provide the buyer with contractual recourse against the seller if a title defect later surfaces. However, a warranty deed alone does not replace a thorough title examination. The seller may have made the warranties in good faith, but the grantor's ability to honor those covenants depends on their financial situation and whether the defect can actually be corrected. Title insurance provides independent protection that does not depend on the seller's ability to pay.

Warranty deeds are used in residential sales, land transactions, and commercial closings. The deed records in the public record, transfers ownership immediately upon delivery, and provides the buyer with evidence of the seller's formal representations about the state of the title.

A warranty deed differs from a quitclaim deed in one critical respect: the quitclaim deed makes no promises about the quality of the title being transferred. That distinction matters most when there is a dispute about what the grantor actually owned.

A Warranty Deed May Be Appropriate When:

A property is being sold to an unrelated buyer at arm's length
The buyer expects title covenants and the seller intends to provide them
The transaction is being handled through a formal closing with title insurance
The parties want the deed type most commonly associated with a traditional sale
The lender or title insurer requires a warranty deed form

Discuss a Florida Closing

What Is a Quitclaim Deed?

A quitclaim deed transfers whatever ownership interest the grantor holds at the time of the conveyance, without any warranty regarding the quality of that title. If the grantor owns the property free and clear, the grantee receives it. If the grantor owns a partial interest, or if the title is encumbered by a mortgage or lien, the grantee receives that same imperfect interest.

This is what distinguishes a quitclaim deed from a warranty deed. The quitclaim deed makes no promises. It simply says: "I transfer to you whatever I have." For that reason, quitclaim deeds are commonly used between parties who already know each other, between spouses, between family members, or to move property into and out of trusts, where the absence of title warranties is understood and accepted.

A quitclaim deed does not automatically remove a mortgage. The deed and the mortgage are separate instruments. If a co-owner signs a quitclaim deed removing themselves from the ownership record, they may still be personally obligated on the mortgage until the lender agrees to release them. The lender is not a party to the deed and is not bound by it.

A quitclaim deed also does not guarantee that the grantor actually owns the property. If a person signs a quitclaim deed for property they do not own, the grantee receives nothing. That risk underscores why a title review before the transfer is advisable, even in transactions between family members. Legal description accuracy, proper execution with two witnesses and notarization, and recording in the correct county are all requirements that must be met for the deed to be effective in the public record.

A quitclaim deed is not automatically the correct choice simply because the parties know each other or because the transfer involves no money changing hands. The goals of the transfer, the state of the title, and the existing encumbrances all need to be reviewed.

A Quitclaim Deed May Be Appropriate When:

Adding or removing a spouse from the title when both parties agree
Transferring property to a family member where title warranties are not expected
Moving property into or out of a revocable living trust
Completing a court-ordered property transfer after divorce
Correcting an ownership arrangement where the grantor intentionally makes no title representations

Get Help With a Quitclaim Deed

What Is a Lady Bird Deed?

Also known as an Enhanced Life Estate Deed

A Lady Bird deed, formally called an enhanced life estate deed, is a Florida estate planning instrument that allows a property owner to name beneficiaries who may receive the property at the owner's death, while retaining broad control over the property during life. This is a meaningful distinction from a standard life estate deed and from the other deed types discussed on this page.

With a properly drafted Lady Bird deed, the owner generally retains the right to sell, mortgage, lease, change beneficiaries, or revoke the arrangement during life without the consent of the named beneficiaries. The beneficiaries have no present ownership interest. Their interest only becomes effective at the owner's death and only if the owner has not otherwise disposed of the property during life.

This structure may allow the property to pass to named beneficiaries outside the probate process at the owner's death, because the transfer occurs by operation of law through the deed rather than through the owner's will or estate. Avoiding probate can reduce the time and cost associated with transferring the property to the next generation.

A Lady Bird deed differs from an ordinary life estate deed because the ordinary life estate deed transfers a future interest to the remaindermen immediately upon execution, limiting the owner's ability to deal with the property freely. The Lady Bird deed's enhanced retention of control is its defining characteristic.

A Lady Bird deed is not a substitute for a complete estate plan, and it is not appropriate for every homeowner. The existing title, any mortgage, Florida's homestead laws, potential Medicaid implications, creditor concerns, and the family situation should each be reviewed before any enhanced life estate deed is prepared. In some circumstances, a trust or other arrangement may better serve the owner's goals.

A Lady Bird Deed May Be Appropriate When:

A Florida homeowner wants to retain full control and flexibility over the property during life
The owner wants the property to pass to named beneficiaries at death without going through probate
Avoiding probate for the property is an identified goal and the existing circumstances support it
The owner wants flexibility to change the arrangement or sell the property in the future

Discuss a Lady Bird Deed

Which Deed Fits Which Situation?

These scenarios are illustrative, not prescriptive. Every property has its own title history, encumbrances, and parties involved.

Selling Property to an Unrelated Buyer

Often involves a Warranty Deed

Most buyers purchasing at arm's length expect a warranty deed or special warranty deed. Title insurance is typically obtained to provide additional protections beyond the deed's covenants.

Residential Closing Services

Transferring Property to a Family Member

May involve a Quitclaim Deed

Family transfers often use quitclaim deeds because title warranties are not expected between related parties. However, the current title, any mortgage, homestead requirements, and documentary stamp tax should each be reviewed.

Quitclaim Deed Services

Adding or Removing a Spouse

Often handled with a Quitclaim Deed

Spouse transfers commonly use quitclaim deeds. But the mortgage, homestead law, divorce settlement terms, and title history can each affect how the transfer should be structured. These factors should be reviewed before any deed is prepared.

Discuss a Deed Transfer

Keeping Control During Life and Naming Beneficiaries

May involve a Lady Bird Deed

A Lady Bird deed allows an owner to retain broad control during life, including the ability to sell or change beneficiaries, while naming individuals to receive the property at death without probate. Estate planning goals, existing mortgages, and Medicaid considerations should each be reviewed.

Lady Bird Deed Services

Correcting a Mistake in a Recorded Deed

May require a Corrective Deed

A defect such as an incorrect legal description, wrong grantor name, or missing signature is typically addressed through a corrective deed rather than any of the three deed types discussed on this page. Early correction is generally easier and less costly.

Florida Corrective Deeds

Property Has a Mortgage or Lien

Requires additional review

Changing the deed does not automatically eliminate an existing mortgage, lien, or lender rights. A lender's approval or a payoff may be required. The specific obligations attached to the property should be identified before any deed is prepared or recorded.

Order a Florida Title Search

Common Deed Mistakes to Avoid

Choosing a deed based only on cost

The least expensive deed option is not necessarily the appropriate one. The wrong deed can create title, tax, or ownership problems that cost far more to resolve than the savings on preparation.

Assuming a quitclaim deed guarantees ownership

A quitclaim deed transfers only what the grantor actually has. If the grantor's title is clouded, encumbered, or disputed, the grantee receives those same problems.

Believing a deed removes someone from a mortgage

Deeds and mortgages are independent. A person removed from the deed may remain personally obligated on the mortgage until the lender releases them, typically through a refinance.

Using the wrong legal description

A deed that does not correctly identify the property can fail to transfer it, create a boundary dispute, or cloud title. The legal description should be verified against the public record before preparation.

Failing to account for homestead rights

Florida homestead law requires that a married owner's spouse join in a conveyance of homestead property in most circumstances. A deed that does not comply may be unenforceable.

Ignoring documentary stamp tax consequences

Most deed transfers in Florida are subject to documentary stamp taxes. Failing to pay the correct amount or claim the correct exemption can expose parties to penalties and affect the instrument's validity.

Failing to obtain required signatures, witnesses, or notarization

Florida requires two witnesses and notarization for a deed to be recordable. A deed that does not meet these requirements may not be recorded and may not protect the grantee against later claims.

Recording a deed that does not match the parties' intent

Once a deed is recorded in the public record, correcting it requires a separate legal instrument. A deed that transfers more or less than the parties intended can create disputes that are difficult and costly to resolve.

Using a Lady Bird deed without reviewing the complete estate plan

A Lady Bird deed affects probate, Medicaid planning, creditor rights, and other estate planning components. Using it without reviewing the existing estate plan can create unintended consequences.

Transferring property before reviewing title

A title search before any deed is prepared can reveal open mortgages, judgment liens, incorrect descriptions, and prior deed defects. Identifying these issues before recording is far easier than resolving them afterward.

Why Review Title Before Preparing a Deed?

A title search before any deed is prepared can reveal information that changes how the transfer should be structured, whether it should proceed at all, or what additional steps are required first.

Current ownership and vesting

Open mortgages and deeds of trust

Judgment liens against the owner

HOA and condominium liens

Probate-related ownership issues

Easements and restrictions

Incorrect legal descriptions

Missing mortgage satisfactions

Prior deed defects

Tax certificates and delinquencies

Identifying these issues before a deed is recorded is far more straightforward than resolving them after the fact. Corrective deeds, quiet title actions, lien payoffs, and probate proceedings after the fact are all more expensive and time-consuming than a title review before the transfer.

Order a Florida Title Search What Is a Title Search?

Summary

Warranty Deed

Used in sales where the grantor provides title warranties.

Best known for use in arm's-length property sales. The seller makes formal covenants about the quality of the title being conveyed. Most buyers in a traditional sale expect a warranty deed, and most lenders require one.

Closing Services

Quitclaim Deed

Transfers whatever the grantor holds, without warranties.

Best known for family transfers, spouse additions or removals, trust transfers, and situations where title warranties are not expected. Does not remove mortgage obligations and does not guarantee the grantor actually owns the property.

Quitclaim Deed Services

Lady Bird Deed

Estate planning with retained control during life.

Best known for situations where a Florida homeowner wants to retain full control during life and have the property pass to named beneficiaries at death, potentially outside of probate. Not a substitute for a complete estate plan.

Lady Bird Deed Services

Frequently Asked Questions

Common questions about Florida deed types, answered carefully.

Choose the Right Deed Before You Record It

The wrong deed can create title, tax, mortgage, probate, or ownership problems. Shield Title & Escrow helps Florida property owners understand their options, prepare the appropriate documents, and complete recording correctly.

Attorney-led. Florida-based. Serving all 67 counties.

Discuss Your Deed View Deed Services

Quitclaim Deed Lady Bird Deed How a Lady Bird Deed Works Florida Title Search What Is a Title Search?Residential Closings Land Closings Commercial Closings Legal Services Resources Contact