The main difference between a warranty deed vs quitclaim deed in Florida is the level of protection the grantor provides when transferring property.
A warranty deed includes warranties about title and obligates the grantor to defend against certain title claims. A quitclaim deed transfers whatever right, title, or interest the grantor has, if any, without making those title warranties. Florida law prescribes forms for both deed types.
That difference matters because the type of deed affects what the grantor promises, but it does not by itself tell you whether the title is clear, whether liens exist, or whether title insurance will cover a future claim.
Warranty Deed vs. Quitclaim Deed in Florida at a Glance
| Issue | Warranty Deed | Quitclaim Deed |
| Transfers ownership interest | Yes | Yes, to the extent the grantor has an interest |
| Title warranties from grantor | Yes | No |
| Promise to defend title | Yes, under the deed’s covenants | No |
| Common in ordinary sales | Common | Less common for arm’s-length purchases |
| Useful for family or internal transfers | Sometimes | Commonly used in some circumstances |
| Guarantees a completely problem-free title | No | No |
| Replaces a title search or title insurance | No | No |
The Florida Bar advises that warranty deeds and quitclaim deeds provide materially different protections, and it specifically notes that deed warranties are not a substitute for title examination and title insurance.
What Is a Warranty Deed in Florida?
A warranty deed transfers real property while including warranties from the grantor concerning title.
Florida Statute §689.02 provides a statutory form for a warranty deed. The form states that the grantor fully warrants title to the land and will defend it against lawful claims. Florida Statute §689.03 further provides that a deed substantially following that statutory form is treated as a warranty deed with full common-law covenants.
In practical terms, the grantor is making promises about the title being conveyed.
Those warranties distinguish a warranty deed from a quitclaim deed.
What Does a Warranty Deed Actually Guarantee?
A warranty deed provides contractual title covenants from the grantor.
That does not mean the deed independently proves that no title problem exists.
For example, the property could still be affected by:
- Recorded easements
- Restrictions
- Existing mortgages
- Liens
- Prior ownership issues
- Other title matters
Some of these may be properly addressed through closing, while others may remain as exceptions to title insurance coverage.
That is why buyers should still review the title commitment and obtain the appropriate title examination even when the seller is giving a warranty deed.
The Florida Bar specifically cautions that warranty language should not replace title examination and insurance.
What Is a Quitclaim Deed in Florida?
A quitclaim deed transfers whatever right, title, interest, claim, or demand the grantor has in the property.
Florida Statute §689.025 prescribes the current form for a Florida quitclaim deed. The statutory wording transfers the grantor’s interest without including the warranty language found in the statutory warranty deed.
That means the grantor is essentially saying:
Whatever interest I have in this property, I am transferring it to you.
The grantor is not providing the same title warranties that come with a warranty deed.
Does a Quitclaim Deed Mean the Grantor Owns the Property?
Not necessarily.
That is one of the most important distinctions.
A quitclaim deed can transfer only the interest the grantor actually has.
If the grantor owns the entire property, the deed may transfer that ownership interest.
If the grantor owns only part of the property, only that interest can be transferred.
If the grantor has no valid ownership interest, a quitclaim deed does not create one.
This is why a recorded quitclaim deed should not automatically be interpreted as proof that the grantor had good title.
When Are Quitclaim Deeds Commonly Used?
Quitclaim deeds can be useful in situations where the parties already understand the ownership relationship and do not need the same warranties found in a warranty deed.
Examples may include certain:
- Transfers between family members
- Transfers between spouses
- Transfers connected with divorce
- Transfers into or out of an entity
- Estate-planning transfers
- Corrections or ownership restructuring
Whether a quitclaim deed is appropriate depends on the circumstances.
A deed can create consequences involving taxes, homestead rights, creditors, estate planning, mortgages, and title insurance. Buyers or owners should obtain legal advice before using one simply because it appears easier.
Why Warranty Deeds Are More Common in Traditional Sales
In a conventional real estate sale, the buyer generally expects more than a bare transfer of whatever interest the seller may happen to have.
A warranty deed provides title covenants from the seller.
That gives the buyer contractual protections that a quitclaim deed does not provide.
The Florida Bar describes general warranty deeds as offering broader protection because the grantor agrees to defend against title claims arising from both past and present title issues. By contrast, a quitclaim deed provides no title warranties.
This does not mean every Florida sale must use a warranty deed.
The purchase contract, transaction structure, parties, and legal circumstances can affect which deed is appropriate.
General Warranty Deed vs. Special Warranty Deed
Florida transactions can also involve a special warranty deed.
This creates an important distinction because not every deed containing warranties provides the same scope of protection.
A general warranty deed generally covers title claims extending through the property’s ownership history.
A special warranty deed generally limits the grantor’s warranty to matters arising during the grantor’s own period of ownership.
The Florida Bar identifies general warranty deeds, special warranty deeds, and quitclaim deeds as commonly used forms and explains that their protections differ.
Special warranty deeds may appear in transactions involving:
- Builders
- Developers
- Banks
- Institutional owners
- Certain investor transactions
The specific deed language should always be reviewed rather than relying only on the document’s title.
Does a Warranty Deed Mean You Do Not Need Title Insurance?
No.
A warranty deed and title insurance address related but different risks.
The warranty deed gives the buyer contractual rights against the grantor under the deed’s covenants.
Title insurance provides contractual insurance protection against certain covered title risks according to the terms, exclusions, exceptions, and conditions of the issued policy.
Those are not the same thing.
A seller may later be:
- Difficult to locate
- Insolvent
- Deceased
- Unable to satisfy a claim
Title insurance can provide a separate source of protection for covered matters.
That is why buyers should not treat the deed type as a substitute for the title process.
Does a Quitclaim Deed Eliminate Liens or Mortgages?
No.
A quitclaim deed transfers the grantor’s interest subject to whatever valid matters may continue to affect that interest.
It does not automatically remove:
- Mortgages
- Judgment liens
- Tax liens
- Easements
- Restrictions
- Other recorded claims
The same is true of a warranty deed: merely signing the deed does not erase valid liens.
The closing process addresses applicable title requirements separately.
How Deed Type Relates to the Title Commitment
The title commitment and the deed serve different purposes.
The title commitment describes the proposed title insurance coverage, applicable requirements, and policy exceptions.
The deed is the instrument used to transfer the ownership interest.
Before closing, the title examiner and underwriter may identify requirements involving:
- Current record ownership
- Mortgage payoffs
- Liens
- Estate documents
- Entity authority
- Prior deed issues
- Other underwriting matters
The deed is then prepared to reflect the intended transfer.
For a deeper explanation of what buyers see before closing, check out what title commitment means.
How Deed Type Relates to Vesting
The deed does more than transfer property.
It also identifies the grantee, meaning the new owner, and may state how multiple owners will hold title.
That ownership structure is commonly called vesting.
For example, two people might receive property as:
- Tenants in common
- Joint tenants with right of survivorship
- Tenants by the entirety, when applicable
The deed type and vesting language answer different questions.
Deed type asks: What warranties is the grantor providing?
Vesting asks: How will the new owner or owners hold the property?
A warranty deed can transfer property into one form of vesting, while a quitclaim deed can transfer property into another.
For a detailed explanation, see what vesting on a deed means in Florida.
Can You Use a Quitclaim Deed to Add a Spouse to Title?
Potentially, but the decision should not be treated as a routine paperwork change.
Adding a spouse through a deed can change legal ownership.
It may also affect:
- Vesting
- Homestead rights
- Mortgage obligations
- Creditor issues
- Estate planning
- Title insurance
The deed should also be prepared and executed correctly under Florida law.
Florida generally requires instruments conveying an interest in real estate to be in writing and signed in the presence of two subscribing witnesses, subject to applicable statutory rules.
A Florida real estate or estate-planning attorney can advise whether a quitclaim deed is appropriate for the intended transfer.
Can a Quitclaim Deed Affect Existing Title Insurance?
Yes, potentially.
A later transfer can affect whether an existing owner’s title insurance policy continues to protect the new grantee.
The Florida Bar notes that transfers involving a quitclaim deed can create title-insurance consequences, including situations where the new grantee may need separate coverage depending on the policy and transfer.
Before changing ownership after closing, contact the title insurer, title agency, or qualified attorney to understand the effect on existing coverage.
Can a Deed Be Used to Fix an Ownership Problem?
Sometimes, but not every ownership problem can be corrected simply by recording another deed.
A corrective deed may be appropriate for certain document errors.
However, Florida’s statutory curative process for certain scrivener’s errors specifically distinguishes erroneous deeds from quitclaim deeds, which is another reason the correct document should be selected carefully.
More complicated matters involving competing ownership, probate, defective prior transfers, or legal disputes may require attorney involvement.
Does Recording Make a Deed Valid?
Recording and validity are related but separate concepts.
A properly executed deed transfers an interest according to the applicable legal requirements and circumstances.
Recording places the deed in the county’s official public records and provides public notice of the transfer.
A deed should therefore not be judged only by whether it appears in an online public-record search.
Questions involving execution, delivery, authority, fraud, forgery, or competing ownership claims may require legal analysis.
What Should Buyers Review Before Accepting a Deed?
Before closing, buyers should make sure they understand:
- The deed type
- Correct grantor and grantee names
- Legal description
- Vesting language
- Marital-status implications
- Title commitment requirements
- Exceptions to title insurance
- Whether owner’s title insurance will be issued
The closing team should also have accurate information about how the buyer intends to take title.
If the deed language creates legal, estate-planning, creditor, or tax questions, those should be addressed before signing.
Frequently Asked Questions
Which is better in Florida, a warranty deed or quitclaim deed?
Neither deed is universally “better.”
A warranty deed provides title warranties from the grantor, while a quitclaim deed transfers only whatever interest the grantor has without those warranties.
For a typical arm’s-length purchase, buyers often expect a deed providing title warranties. Family, estate-planning, divorce, and other transfers may use different deed structures.
Is a quitclaim deed legal in Florida?
Yes.
Florida Statute §689.025 provides a statutory form for quitclaim deeds transferring real property or an interest in it.
Is a warranty deed proof of clear title?
No.
It provides warranties from the grantor, but it does not replace a title search, title examination, title commitment, or title insurance.
Can a quitclaim deed transfer property with a mortgage?
A quitclaim deed may transfer the grantor’s ownership interest, but it does not automatically eliminate the mortgage or release the borrower from the underlying loan obligation.
Mortgage documents may also restrict or affect transfers.
Consult the lender and qualified legal counsel before making that type of transfer.
Does a quitclaim deed give the new owner title insurance?
Not automatically.
Title insurance coverage depends on the policy and insured parties. A new grantee may need separate coverage depending on the transaction and policy terms.
Can you change from a quitclaim deed to a warranty deed later?
Potentially, another deed can be executed if the current owner has authority to make the transfer.
However, doing so does not retroactively erase title issues or automatically create insurance protection for prior problems.
The Deed Type Matters, but It Is Only Part of the Title Process
The difference between a warranty deed vs quitclaim deed in Florida comes down primarily to what the grantor promises about title.
A warranty deed transfers the property with title covenants. A quitclaim deed transfers whatever interest the grantor has without those warranties.
Neither deed should be evaluated in isolation.
Buyers and property owners should also understand the title commitment, vesting, existing liens, title insurance, and any legal consequences of the proposed transfer before the deed is recorded.
Title Company of Florida coordinates title searches, title commitments, title insurance, escrow, closing documentation within its authorized role, signing, and recording for Florida real estate transactions.
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