Introduction - Quitclaim Deeds & Lady Bird Deeds
Navigating property ownership in Florida can feel overwhelming—especially with all the unfamiliar terms and paperwork involved. One important part of the process is understanding the type of deed used to transfer property.
In Florida, quitclaim deeds and lady bird deeds are two common tools used to transfer ownership—each serving a different purpose depending on the situation. In this guide, we’ll explain these types of deeds in plain English and provide general information about how people often choose to hold shared ownership, including joint tenants with rights of survivorship, tenants in common, and tenants by the entirety.
📌 This guide is for general informational purposes only. We don’t provide legal advice, and if you have questions about your rights or the best way to transfer or hold property, we encourage you to speak with a licensed Florida attorney.
Florida Quitclaim Deeds and Lady Bird Deeds Made Simple
In Florida, two commonly used documents for transferring property ownership are quitclaim deeds and Lady Bird deeds. While both serve the purpose of transferring real estate, they work in different ways.
🔁 Florida Quitclaim Deed
A quitclaim deed is a straightforward way for someone to give up whatever ownership interest they may have in a property. It doesn’t guarantee that the title is clear—it simply transfers whatever interest the person (the grantor) has to someone else (the grantee). These are often used between family members or in informal transactions, but they don’t provide any warranties about the property’s history or condition of title.
🌸 Lady Bird Deed (Also Called an Enhanced Life Estate Deed)
A Lady Bird deed is a unique type of deed used in Florida. It allows the current property owner to keep full control of the property during their lifetime—including the right to live there, rent it, or even sell it. After the owner passes away, the property automatically transfers to the person they named in the deed (the remainder beneficiary)—without going through probate.
Many people use this type of deed as part of their estate planning to ensure a smooth property transfer while keeping control during life.
📌 We provide clerical typing services for both quitclaim and Lady Bird deeds using the information and form you select. If you’re unsure which type of deed is right for your situation, you should consult a licensed attorney.
Common Uses of Florida Quitclaim and Lady Bird Deeds
Florida quitclaim deeds and Lady Bird deeds are often used for a variety of personal and administrative property transfers. While we don’t provide legal advice or determine which type of deed is right for your situation, here are some common, non-legal scenarios where people choose to use these types of documents:
🧑⚖️ After a Divorce
A quitclaim deed is sometimes used when one spouse transfers their interest in jointly owned property to the other after a divorce.📂 Moving Property into a Trust
Property owners may use a quitclaim deed to transfer real estate into a trust they’ve established.🛠️ Fixing Title Errors
Quitclaim deeds are occasionally used to correct simple mistakes on a recorded property title—such as name misspellings or clerical issues.🎁 Gifting Property or Planning Ahead
Quitclaim deeds can be used to gift property to a family member. A Lady Bird deed is often used by individuals who want to retain control of their property while arranging for it to transfer to someone else automatically upon their passing.🏢 Business and Corporate Transfers
Businesses sometimes use Florida quitclaim deeds to transfer property during a restructuring, asset sale, or change in ownership.💍 Marriage or Domestic Partnership
A quitclaim deed may be used to add a spouse or partner to the title of a home.
⚠️ These are just examples of how people may use these documents. If you’re unsure whether a deed fits your needs or how to structure your property transfer, we recommend speaking with a licensed attorney.
Sharing Ownership in Florida: The Basics
When filling out a quitclaim or Lady Bird deed, one of the key decisions is how multiple people will hold title to the property. In Florida, property can be co-owned in different ways. Each method has different legal effects, especially when one owner passes away.
Here are the most commonly used types of shared ownership:
👥 Joint Tenants with Rights of Survivorship (JTWROS)
All owners hold equal shares. If one owner passes away, their share typically transfers automatically to the surviving owner(s), regardless of any will or estate plan.
🧾 Tenants in Common
Each owner has a separate share, which may be equal or unequal. When an owner passes away, their share is inherited by the person(s) named in their will or estate—not the surviving co-owners. This form of ownership often involves probate or summary administration to transfer the deceased owner’s interest.
💍 Tenants by the Entirety
This form of co-ownership is available only to married couples in Florida. It offers rights of survivorship like joint tenancy, and in some cases may provide protection from certain types of individual debts.
⚠️ We type deeds using the form and ownership option you select. We do not advise which form of ownership is appropriate for your situation. If you’re unsure how to hold title, we recommend consulting with a licensed Florida attorney before proceeding.
Florida’s Requirements for Recording Deeds
To be officially recorded in Florida, a quitclaim deed, Lady Bird deed, or other real estate transfer must meet specific formatting and content standards. Our eRecording services are accepted by most Florida counties, and we follow detailed clerical procedures to submit deeds that meet county recording office acceptance criteria. You can review the complete list of statutory requirements in § 695.26, Florida Statutes.
Florida Document Specialists: We’ve Got Your Back
Typing Florida quitclaim deeds, ladybird deeds, and co-ownership documents can be confusing—but we’re here to make it easy. Florida Document Specialists is Florida’s trusted nonlawyer document typing company, and we’re experienced in preparing deed documents based on the forms and instructions you provide.
Our full-service process includes typing your Florida deed, remote online notarization, and eRecording with the appropriate Florida county—all handled with precision and care. We’re known for our attention to detail, high-quality service, and smooth, user-friendly process.
If you’re planning to use a quitclaim deed or Lady Bird deed and already know what you want, we’re ready to help you complete the paperwork and get it recorded. Have questions about how our service works? Reach out today—our friendly team is here to help.
Consider Consulting with a Licensed Attorney
This article is provided for general informational purposes only and should not be interpreted as legal advice.
Property transfers—even those that appear straightforward—can involve complex considerations, including potential effects on homestead exemptions, estate planning, or future rights of ownership. Because every situation is unique, it’s always a good idea to consult with a licensed attorney in your state for legal guidance specific to your needs.
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