Understanding Florida Deed Types: Quit Claim vs. Warranty vs. Lady Bird

Transferring property in Florida involves choosing the right type of deed. Each has different legal implications and levels of protection. Here’s a clear breakdown to help you understand your options.

What is a Quit Claim Deed?

A Quit Claim Deed is a legal instrument used to transfer interest in real property. The person transferring the interest, the grantor, "quits" their claim to the property. It's a fast way to move property, but it offers the grantee (the person receiving it) zero protection or guarantees about the title's history.

Best For:

Adding or removing a spouse from a title after marriage or divorce.
Transferring property to a family member as a gift.
Moving property into a trust or LLC.
Clearing up a "cloud" or potential issue on a title.

Key Risk:

The grantee receives no warranties. If there are outstanding liens, mortgages, or other claims against the property, they become the grantee's problem.

What is a Warranty Deed?

A General Warranty Deed is the gold standard for property transfers and offers the most protection to the buyer. The grantor makes several legally binding promises (warranties) that the title is clear and that they will defend the grantee's ownership against any and all claims, regardless of when they arose.

Best For:

Standard real estate transactions (buying a home from an unrelated party). It provides the buyer with the highest level of confidence and is what lenders typically require.

Note on Special Warranty Deeds:

A Special Warranty Deed is similar, but the grantor only guarantees the title against issues that arose during their ownership. This is common in commercial real estate and when buying from a builder.

What is a Lady Bird Deed?

Officially known as an "Enhanced Life Estate Deed," a Lady Bird Deed is a powerful estate planning tool available in Florida. It allows a property owner to name a beneficiary who will inherit the property automatically upon the owner's death, bypassing the lengthy and often expensive probate process.

Key Advantages:

Avoids Probate: The property transfers directly to the beneficiary.
Retain Control: The current owner keeps full rights to sell, mortgage, rent, or change their mind about the property without the beneficiary's consent.
Medicaid Planning: It can help protect the home from being sold to repay Medicaid costs after the owner's death.

Need Help with Your Florida Deed?

Choosing the right deed is a critical decision. While we can facilitate the closing and ensure the deed is recorded correctly, we strongly advise consulting with a real estate attorney for legal advice on which deed best suits your specific situation.