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A quitclaim deed is NOT a quick claim deed. The individual making the transfer to the new owner “quits” his or her “claim” to the real property and does not any representation that the transferor owns anything or is transferring marketable title.

The grantor makes no guarantee that he is transferring good, indefeasible or marketable title. The grantor is simply stating “whatever I have I am giving to you, and nothing more.”

The phrase quick claim deed came about through a misconception about the need for legal advice, i.e., that by using a quick claim deed, the parties do not need a lawyer and can make the transfer quickly.

Quitclaim deed law is state specific

In a broader sense, real estate law is state specific. A Quitclaim deed valid in one state may be void in another.

For example, Colorado does not require witnesses to the execution of a Quitclaim deed (or any real estate deed, for that matter).   Florida requires two witnesses to a Quitclaim deed otherwise the deed is void.

Here is another example. Florida recognizes something known as tenancy by the entireties. Tenancy by the entireties is a form of property ownership between husband and wife.

However, did you know that there are at least four different versions of tenancy by the entireties across the United States? A tenancy by the entirety will have different legal implications in different states.

We make this point because the Internet gives people access to all sorts of information from all over the world. However, the local governing body defines the meaning of legal terms.

The meaning of legal terminology is not uniform. Interpreting the meaning of a legal term requires understanding how that term is used and defined in the specific locality.

How Many Witnesses For A Florida Quitclaim Deed?

Two subscribing witnesses are needed for a Florida quitclaim deed.

Attention! We are not attorneys and we are not lawyers. We cannot represent customers, select legal forms, or give advice on rights or laws. Article provided is for information ONLY and is NOT a substitute for advice of a lawyer.