The Short Version
| Deed Type | Protection Level | Common Use |
|---|---|---|
| General (Full) Warranty Deed | Full protection — covers the entire history of the property | Arm’s-length real estate purchases |
| Special Warranty Deed | Limited protection — only covers the seller’s own period of ownership | Estate sales, commercial transactions |
| Quitclaim Deed | No protection — transfers whatever interest exists, with no guarantee | Family transfers, funding a trust, adding/removing a name |
General (Full) Warranty Deed
Offers the strongest protection available. The seller guarantees clear title not just for their own period of ownership, but against title defects arising at any point in the property’s history — even ones the seller had no way of knowing about.
Special Warranty Deed
A middle-ground option. The seller only guarantees the title against issues that arose during their own ownership — not before. This is common in estate sales and commercial transactions, where the seller (an estate, trustee, or business entity) may not have full knowledge of the property’s earlier history.
Quitclaim Deed
Offers no guarantee of title at all. The grantor simply transfers whatever interest they have in the property, if any — with no promises about whether that interest is valid or complete. Despite offering the least protection, quitclaim deeds are extremely common for:
- Transfers between family members
- Adding or removing a spouse’s name from a deed
- Transferring your own home into your revocable trust
Which One Do You Actually Need?
- Buying property from a stranger, arm’s-length → a general warranty deed is standard and expected
- Buying property from an estate or trustee → a special warranty deed is typical
- Transferring your own home into your trust, or between family members → a quitclaim deed is common, but worth confirming with an attorney first — Florida homestead protections and title insurance implications can be affected by how a transfer is structured, even between family or into your own trust
Frequently Asked Questions
Q: What’s the difference between a warranty deed and a quitclaim deed?
A warranty deed guarantees clear title and protects the buyer against future claims; a quitclaim deed makes no such guarantee — it simply transfers whatever interest the grantor has, if any.
Q: What’s the difference between a general and special warranty deed?
A general warranty deed covers the property’s entire history; a special warranty deed only covers the period the seller actually owned it.
Q: Is a quitclaim deed risky?
It can be, if used in the wrong context — since it offers no title guarantee, quitclaim deeds are best used between parties who already trust each other (family, or transferring your own property into your own trust), not for arm’s-length purchases from a stranger.
Q: Which deed should I use to fund my trust?
This depends on your specific situation, including how your property is currently titled and whether homestead protections apply. Learn more about warranty deeds generally, or contact us to discuss your specific transfer.
Choose the Deed That Actually Fits Your Situation
Choosing the wrong deed type can leave you without the legal protection you expect or create unintended tax or homestead consequences. At SJF Law Group, we help Florida clients choose and prepare the right deed for their situation. Contact us to make sure your transfer is handled correctly.
