A quit claim deed is the standard instrument for transferring a marital home title between spouses in a Florida divorce, and transfers made pursuant to a dissolution of marriage are exempt from documentary stamp tax under Fla. Stat. § 201.02(7). Recording costs about $10 for the first page and $8.50 per additional page under Fla. Stat. § 28.24. The deed does not remove liability on a mortgage.
Key Facts: Florida Divorce and Property Transfer
| Item | Detail |
|---|---|
| Filing Fee | Approximately $408-$409 for dissolution of marriage, plus $10 summons issuance. As of March 2026. Verify with your local clerk. |
| Waiting Period | No final judgment before 20 days after the petition is filed under Fla. Stat. § 61.19, unless the court finds injustice would result from delay. |
| Residency Requirement | One party must reside in Florida for 6 months before filing under Fla. Stat. § 61.021. |
| Grounds | No-fault. The marriage is irretrievably broken, or one party is mentally incapacitated for 3 years, under Fla. Stat. § 61.052. |
| Property Division Type | Equitable distribution of marital assets and debts under Fla. Stat. § 61.075. |
| Quit Claim Deed Recording Fee | $10 first page, $8.50 each additional page under Fla. Stat. § 28.24. |
| Documentary Stamp Tax on Divorce Transfer | $0 when the marital home transfers pursuant to divorce under Fla. Stat. § 201.02(7). |
What Is a Quit Claim Deed in a Florida Divorce?
A quit claim deed is a legal instrument that transfers whatever ownership interest one spouse holds in real property to the other spouse, without any warranty that the title is clear. In a Florida divorce, one spouse typically signs a quit claim deed to give up his or her interest in the marital home so the other spouse becomes the sole record owner. The deed conveys only the interest the grantor actually owns on the date of signing. It makes no promise about liens, mortgages, or competing claims. This is the fastest and cheapest way to change title between two people who already know and trust the property's history, which is why it dominates divorce settlements rather than the warranty deeds used in arm's-length sales.
A quit claim deed changes who owns the property. It does not change who owes money on the property. Understanding equitable distribution helps clarify why courts treat the deed and the debt as two separate problems that both must be solved in a divorce.
When Is a Quit Claim Deed Used in Florida Divorce Property Division?
A quit claim deed is used in a Florida divorce whenever the settlement agreement or final judgment awards the marital home to one spouse and requires the other to relinquish title. Florida is an equitable-distribution state under Fla. Stat. § 61.075, so the court divides marital property fairly, not automatically 50/50. Once the division is decided, the quit claim deed executes it on the public record.
Transferring property title in divorce through a quit claim deed happens in several common scenarios. The most frequent is a buyout, where one spouse keeps the house and pays the other for his or her share of the equity. Another is when the couple agrees the home should go to the parent who retains majority timesharing with the children so the household stays stable. A quit claim deed is also used when spouses divide multiple parcels, each deeding away an interest in the property the other will keep. In every case, the deed follows the legal decision, whether that decision comes from a marital settlement agreement the couple negotiates or from a judge's ruling after a contested trial. The deed itself does not decide who gets the house; it records the outcome after the ownership question has already been resolved.
How Does a Quit Claim Deed Interact With Equitable Distribution?
Equitable distribution under Fla. Stat. § 61.075 determines who receives the marital home, and the quit claim deed is the mechanical step that carries out that determination once it is final. Florida law presumes an equal split of marital assets, but a judge may order an unequal division after weighing statutory factors such as the length of the marriage, each spouse's economic circumstances, and any intentional dissipation of assets.
Only marital property is divided. Marital property generally includes assets and debts acquired during the marriage, while nonmarital property such as a home owned before the marriage or received by individual inheritance usually stays with the original owner. If a house was purchased during the marriage with marital funds, it is almost always marital property subject to division, even if the deed lists only one spouse's name. The court values the home, subtracts the outstanding mortgage to find the equity, and allocates that equity between the spouses. When one spouse is awarded the home, the equitable-distribution order or settlement will direct the other spouse to sign a quit claim deed. Under Fla. Stat. § 61.075(1)(i), a court can also consider the desirability of retaining the marital home as a residence for a dependent child. Removing a name from a deed in divorce is therefore the final act of a longer legal process, not a shortcut around it. Use our property division calculator to estimate how Florida equitable distribution may apply to your home equity.
What Are the Legal Requirements for a Valid Florida Quit Claim Deed?
A valid Florida quit claim deed must be signed by the grantor in the presence of two subscribing witnesses and acknowledged before a notary public, all as required by Fla. Stat. § 689.01. Both witnesses must be physically present when the grantor signs, must be competent adults, and cannot be parties named in the deed. The notary acknowledgment is separate from the two-witness requirement, so a compliant deed carries both.
Removing your name from a deed in divorce requires precise execution or the clerk will reject the document. Beyond signatures, Fla. Stat. § 695.26 sets formatting rules for any instrument submitted for recording: the name and post-office address of each witness must be legibly printed beneath their signature, the notary's name must be printed or stamped beneath the notary signature with the official seal affixed, and the deed must name the person who prepared it. The deed must also contain an accurate legal description of the property, which is the metes-and-bounds or plat description found on the current deed, not merely the street address. The property's legal description, the grantor's and grantee's names, and words of conveyance are mandatory. A quit claim deed that omits the two witnesses, lacks proper notarization, or fails the formatting rules is not eligible for recording, which means it will not appear in the public chain of title and cannot reliably protect the receiving spouse.
Does Florida Charge Documentary Stamp Tax on a Quit Claim Deed in Divorce?
Florida charges no documentary stamp tax on a quit claim deed that transfers the marital home between spouses or former spouses pursuant to a dissolution of marriage, under Fla. Stat. § 201.02(7). The general rate would otherwise be $0.70 per $100 of consideration statewide under Fla. Stat. § 201.02, so the divorce exemption can save hundreds or thousands of dollars.
The documentary stamp tax, often called doc stamps, normally applies to the consideration paid for a deed, and consideration includes any mortgage balance the grantee assumes. Outside of divorce, when one spouse transfers a mortgaged home to the other, doc stamp tax is generally due on half of the outstanding mortgage balance. The dissolution exemption removes that cost when the transfer follows a divorce and involves the marital home. To qualify, the deed should transfer the marital home, be executed pursuant to the dissolution, and, for a refund of any tax already paid, be presented within one year of the divorce judgment. Miami-Dade County applies a different base rate of $0.60 per $100 on a single-family residence plus a surtax on other property, but the divorce exemption still applies there. If a couple owns investment or vacation real estate that is not the marital home, doc stamp tax can still be due on that transfer based on the consideration, including any assumed mortgage, so the exemption is narrower than many people assume.
How Much Does It Cost to Record a Quit Claim Deed in Florida?
Recording a quit claim deed in Florida costs $10 for the first page and $8.50 for each additional page under Fla. Stat. § 28.24, so a typical one-page or two-page deed records for roughly $10 to $18.50. As of March 2026, these statewide recording fees are set by statute. Verify the exact amount with your county clerk.
The total out-of-pocket cost of transferring property title in divorce through a quit claim deed is modest compared to the filing fee for the divorce itself. The dissolution of marriage filing fee is approximately $408 to $409 plus a $10 summons charge, as of March 2026, and you should verify that figure with your local clerk of the circuit court. The quit claim deed adds only the recording fee plus any notary charge, often $10 or less, and the optional cost of a preparer or attorney to draft the deed. Because the marital-home divorce transfer is exempt from documentary stamp tax under Fla. Stat. § 201.02(7), the largest potential expense usually disappears. The table below compares the routine costs a spouse can expect when the deed carries out a divorce settlement.
| Cost Item | Typical Amount (as of March 2026) | Statute or Source |
|---|---|---|
| Deed recording, first page | $10.00 | Fla. Stat. § 28.24 |
| Deed recording, each additional page | $8.50 | Fla. Stat. § 28.24 |
| Documentary stamp tax on marital-home divorce transfer | $0.00 | Fla. Stat. § 201.02(7) |
| Documentary stamp tax, general rate (non-exempt deeds) | $0.70 per $100 of consideration | Fla. Stat. § 201.02 |
| Divorce filing fee (dissolution of marriage) | ~$408-$409 + $10 summons | County clerk of court |
How Do You Record a Quit Claim Deed After a Florida Divorce?
You record a quit claim deed in Florida by submitting the fully executed, witnessed, and notarized deed to the clerk of the circuit court in the county where the property is located, along with the recording fee under Fla. Stat. § 28.24. The clerk stamps the deed with a recording date and book-and-page or instrument number, then returns it and enters it into the county's official records.
The recording process is what actually protects the spouse who keeps the home. An unrecorded deed can still be valid between the two spouses, but recording gives constructive notice to the world that ownership has changed, which prevents a later buyer, creditor, or lienholder from claiming a superior interest. To complete the transfer cleanly, the grantee spouse should confirm the deed matches the property's legal description exactly, verify the recorded document afterward, and keep a certified copy. If the divorce judgment ordered the transfer, attaching or referencing the case number can help tie the deed to the dissolution for the documentary stamp tax exemption. Some counties allow electronic recording through approved submitters, while others accept mail or in-person filing. Because a mistake in recording can cloud title for years, many divorcing spouses have the deed prepared and recorded by a title company or attorney rather than filing it themselves. A personalized divorce roadmap can help organize which documents to prepare and in what order.
Does a Quit Claim Deed Remove You From the Mortgage in Florida?
A quit claim deed does not remove a spouse from the mortgage in Florida. The deed transfers ownership of the property, but the mortgage is a separate contract with the lender, and a person who signed the promissory note remains legally responsible for the debt even after signing away all title. This is the single most misunderstood point in divorce property transfers.
A spouse who quit claims the house to the other but stays on the mortgage keeps full liability for the loan. If the spouse who kept the home misses payments, the lender can pursue the departed spouse, and the missed payments appear on that spouse's credit report. The deed gives the departed spouse none of the ownership benefits while leaving all of the debt risk. The two standard solutions are refinancing and a formal loan assumption. Refinancing replaces the old loan with a new one in only the keeping spouse's name, which pays off and releases the original note. Under Fla. Stat. § 199.145, when the same borrower refinances, intangible tax is generally owed only on any amount above the old balance, which can reduce refinancing costs. A loan assumption, where the lender agrees in writing to release one borrower, is less common but avoids a full refinance. A well-drafted marital settlement agreement should require the keeping spouse to refinance within a set deadline and specify what happens if refinancing fails, because the quit claim deed alone cannot break the mortgage tie. Because mortgage liability and title are legally distinct, spouses removing a name from a deed in divorce should confirm the debt is addressed in the same agreement. Consider consulting a Florida divorce attorney before signing away title while remaining on the loan.
What Are the Risks of Signing a Quit Claim Deed Before the Divorce Is Final?
Signing a quit claim deed before the divorce is final carries real risk because it gives up ownership while the mortgage liability, equity buyout, and equitable-distribution terms may still be unresolved. A spouse who deeds away the house early can lose leverage over the buyout amount and remain trapped on a mortgage with no ownership stake if the settlement later stalls.
The deed is generally irrevocable once delivered and recorded, so a spouse cannot simply undo it if the other side fails to refinance or pay the agreed buyout. The safer sequence is to make the quit claim deed contingent on the other spouse's performance, meaning the deed is signed and held, or signed simultaneously, with the refinance closing and the equity payment. Timing matters for taxes too: the documentary stamp tax exemption under Fla. Stat. § 201.02(7) is tied to the dissolution, and a deed executed within one year of the divorce judgment fits cleanly within the exemption and refund window. Signing too early or without conditions can leave a spouse having transferred a valuable asset before receiving anything in return. Because the deed and the underlying settlement must work together, many Florida family lawyers advise finalizing the marital settlement agreement, or at least a binding written agreement covering the buyout and refinance, before the quit claim deed is delivered. This guide is legal information, not legal advice, and every property situation differs.