Download Florida Real Estate Deed Forms

Florida law imposes strict execution requirements for real estate conveyances. Any transfer of an estate, freehold interest, or lease exceeding one year must be made by written deed signed by the grantor in the presence of two subscribing witnesses (Fla. Stat. § 689.01). A deed that is not properly witnessed does not effectively vest title in the grantee.

Before a deed may be recorded, it must also be acknowledged by the grantor and authenticated by a notary public or other authorized officer (Fla. Stat. § 695.03). Florida recording statutes also impose formatting standards for instruments affecting real property (Fla. Stat. § 695.26).

Florida provides a statutory short form for warranty deeds (Fla. Stat. § 689.02). A valid deed must substantially comply with statutory language and include a granting clause. Warranty deeds include covenants of title and are commonly used in residential and commercial transactions.

Quitclaim deeds are also permitted in Florida and convey whatever interest the grantor may have, without warranty covenants. Florida’s recording statutes extend bona fide purchaser protections to grantees under quitclaim deeds (Fla. Stat. § 695.01).

Florida law permits individuals, joint owners, and legal entities to convey and receive real property (Fla. Stat. § 689.01). A conveyance from one spouse to another transfers legal title to the grantee spouse without requiring the grantee spouse’s signature (Fla. Stat. § 689.11).

Homestead property carries special protections under Florida law. Although a spouse may transfer certain property interests, Florida’s constitutional and statutory provisions impose restrictions on the alienation of homestead property. If the property qualifies as homestead, additional requirements may apply to ensure a valid conveyance.

When multiple persons acquire property together, Florida recognizes tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety for married couples. The form of ownership should be clearly stated in the deed. Tenancy by the entirety is available only to married couples and includes survivorship rights, meaning the surviving spouse automatically takes full title upon death of the other spouse.

Recording is essential to protect ownership rights. A deed must be recorded in the official records of the county where the property is located (Fla. Stat. § 695.11). An instrument is deemed recorded at the time it is filed with the clerk. Recording provides constructive notice to creditors and subsequent purchasers.

Florida follows a notice recording system. An unrecorded deed is valid between the parties but is not effective against creditors or subsequent purchasers for value without notice unless properly recorded (Fla. Stat. § 695.11). Priority among recorded instruments is determined by the order in which official record numbers are assigned by the county recorder.

Because Florida law requires two subscribing witnesses, proper acknowledgment, and timely county recording, careful compliance with statutory formalities is critical to ensure that a real estate transfer is legally effective and protected against later claims.