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Florida: Deed Execution and Recording Formalities

verified against the statute 2026-07-15 10 statute sources

The short answer

Florida is a two-witness state: an ordinary deed must be a written instrument that the owner (or an authorized agent) signs in the presence of two subscribing witnesses, and to record it the signature must also be acknowledged before a notary. Recording is not what makes the deed valid between the parties, but Florida is a notice state, so recording protects the buyer against a later purchaser who pays value without notice. If the property is the owner's homestead and the owner is married, the spouse must also join in the deed.

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This is the general rule in Florida. Ezel applies current Florida law to your specific facts and answers with citations to the statutes.

Governing law and deed scopeFlorida conveyancing runs through Chapter 689 of the Florida Statutes (how real estate is conveyed) and Chapter 695 (recording), with the homestead-joinder rule set by the Florida Constitution, art. X, § 4(c). A common-law title state (not community property) that records deeds with the clerk of the circuit court. Scope here is an ordinary warranty or quitclaim deed by an individual owner conveying a present fee simple; trustee, tax, fiduciary, and foreclosure deeds follow separate rules
Writing and grantor signatureWritten instrument, signed before two witnesses. No freehold estate 'shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party ... or by the party's lawfully authorized agent' (§ 689.01(1)). 'No seal shall be necessary.' Section 689.025 supplies an optional statutory quitclaim-deed form (and § 689.02 a warranty form), and § 689.025 also asks for a blank space for the parcel identification number — though omitting the number 'does not affect the validity of the conveyance or the recordability of the deed'
WitnessesTwo subscribing witnesses — a validity rule, not just a recording rule. A Florida deed must be 'signed in the presence of two subscribing witnesses' (§ 689.01(1)); this is what makes the conveyance effective, so it is stricter than the notary-only states. A 2020 update lets those witnesses be 'present and electronically signing by means of audio-video communication technology' under § 689.01(2)(a). No witnesses are needed for a lease. (Separately, a subscribing witness can also be used to prove a deed up for recording under § 695.03 — but the two execution witnesses are the load-bearing requirement)
Acknowledgment or notarizationRequired to record, on top of the two witnesses. Execution before the notary is not what validates the deed, but 'to entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated' (§ 695.03). Deeds are 'executed and acknowledged as ... provided by the law regulating conveyances of realty by deed' (§ 689.04). In practice a Florida deed carries both two subscribing witnesses and a notary acknowledgment
Spouse, homestead, and marital joinderHomestead joinder is constitutional. 'The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift' (Fla. Const. art. X, § 4(c)). So if the property is the owner's homestead and the owner is married, the spouse must join in the deed even if the spouse is not on title — a deed of homestead signed by one spouse alone is ineffective to convey it. Florida is not a community-property state, so non-homestead property titled in one spouse's name may be conveyed by that spouse alone; the joinder rule is tied to homestead status
Signing through an agent or representativeAn 'authorized agent' may sign the deed (§ 689.01(1)), but the deed still needs its two subscribing witnesses. If the agent acts under a power of attorney, the power itself must meet deed-grade formalities and be recorded: a Florida power of attorney 'must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public' (§ 709.2105(2)), and an instrument 'made or executed by virtue of any power of attorney' is not good against creditors or subsequent purchasers 'unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser' (§ 695.01(1))
Recording office and statewide contentRecord with the clerk of the circuit court in the county where the land lies. Section 695.26 conditions recording on several items: each signer's name legibly printed beneath the signature plus a post-office address (§ 695.26(1)(a)); the preparer's name and address (§ 695.26(1)(b)); each witness's name printed beneath the witness signature plus address (§ 695.26(1)(c)); the notary's name printed beneath the notary signature (§ 695.26(1)(d)); a 3-inch by 3-inch clerk space at the top right of the first page (§ 695.26(1)(e)); and, for a non-mortgage deed, each grantee's name and post-office address (§ 695.26(1)(f)). Recording fees and any e-recording rules are set at the county level
Nonrecording effect and defect curesNotice state. A conveyance is not 'good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded' (§ 695.01(1)); an unrecorded deed still binds the parties themselves. A recorded instrument is 'notice to all persons' from the time of filing, and the sequence of the clerk's official register numbers 'shall determine the priority of recordation' (§ 695.11). Unusually, 'grantees by quitclaim ... shall be deemed and held to be bona fide purchasers without notice' (§ 695.01(2)) — the opposite of the rule in some states. A narrow curative statute fixes a single scrivener's error in a deed's legal description (§ 689.041); it does not cure fraud, forgery, or lack of title

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Requirements one by one

Governing law and scope

Florida splits the rules across two chapters and one constitutional clause. Chapter 689
of the Florida Statutes governs how real estate is conveyed — the writing, the two
witnesses, the deed forms. Chapter 695 governs recording — acknowledgment, content, and
the effect of recording or not recording. And the homestead-joinder rule that can override
a lone owner's signature lives in the Florida Constitution, article X, section 4(c).
Florida is a common-law title state (not a community-property state) and records deeds with
the clerk of the circuit court. This page covers an ordinary warranty or quitclaim deed by
an individual owner conveying a present fee simple; trustee, tax-sale, fiduciary, and
foreclosure deeds run on separate rules.

Writing and grantor signature

The core rule is in § 689.01(1): a freehold estate can be conveyed only "by instrument in
writing, signed in the presence of two subscribing witnesses by the party ... or by the
party's lawfully authorized agent." A seal is not required. Florida does not force a
particular form — § 689.025 gives an optional statutory quitclaim form and § 689.02 a
warranty form — but whatever form you use, the signing must happen in front of two
witnesses. Section 689.025 also directs that a quitclaim leave a blank space for the parcel
identification number, while making clear that leaving the number (or even the blank space)
off "does not affect the validity of the conveyance or the recordability of the deed."

Witnesses

This is what sets Florida apart. Two subscribing witnesses are part of how the deed is made
valid — not merely a route to recording. Section 689.01(1) requires the deed be "signed in
the presence of two subscribing witnesses," so a deed signed with no witnesses generally
fails to convey a freehold at all, however well it is notarized. Since 2020, those
witnesses may be "present and electronically signing by means of audio-video communication
technology" (§ 689.01(2)(a)), which enables remote online closings. No witnesses are needed
for a lease. A subscribing witness can also serve to prove a deed for recording under
§ 695.03, but do not confuse that with the two execution witnesses, which do the heavy
lifting.

Acknowledgment or notarization

Notarization is the recording gate that sits on top of the witness requirement. Under
§ 695.03, "to entitle any instrument concerning real property to be recorded, the execution
must be acknowledged by the party executing it, proved by a subscribing witness to it, or
legalized or authenticated." Section 689.04 ties deed execution and acknowledgment to "the
law regulating conveyances of realty by deed." In everyday Florida practice a deed carries
both: two subscribing witnesses to make it valid, and a notary acknowledgment to make it
recordable.

Spouse, homestead, and marital joinder

Florida's marital-signature rule is constitutional and homestead-specific. Article X,
section 4(c) says "the owner of homestead real estate, joined by the spouse if married, may
alienate the homestead by mortgage, sale or gift." In plain terms: if the property is the
owner's homestead and the owner is married, the spouse must join in the deed — even if the
spouse's name is nowhere on the title. A homestead deed signed by only one married spouse
does not effectively convey the homestead. Because Florida is not a community-property
state, property that is not the homestead and is titled in one spouse's name can be conveyed
by that spouse alone; the joinder trigger is homestead status, not marriage by itself.

Signing through an agent or representative

A deed may be signed by the owner's "lawfully authorized agent" (§ 689.01(1)), but the deed
still needs its two subscribing witnesses. When the agent uses a power of attorney, that
power must itself be executed like a deed and then recorded. Section 709.2105(2) requires a
Florida power of attorney to be "signed by the principal and by two subscribing witnesses
and be acknowledged by the principal before a notary public." And § 695.01(1) provides that
an instrument executed "by virtue of any power of attorney" is not good against creditors or
later purchasers "unless the power of attorney be recorded before the accruing of the right"
of that creditor or purchaser — so record the power along with the deed.

Recording office and statewide content

Record the deed with the clerk of the circuit court of the county where the land is located.
Section 695.26 lists what a deed must contain before the clerk will record it: each signer's
name printed beneath the signature plus a post-office address (subsection (1)(a)); the
preparer's name and address (1)(b)); each witness's name printed beneath the witness
signature plus address (1)(c)); the notary's name printed beneath the notary signature
(1)(d)); a 3-inch-by-3-inch space reserved at the top right of the first page for the clerk
(1)(e)); and, for a deed that is not a mortgage, each grantee's name and post-office address
(1)(f)). Recording fees, additional formatting, and e-recording options are set at the
county level.

Nonrecording effect and defect cures

Florida is a notice state. A conveyance is not "good and effectual in law or equity against
creditors or subsequent purchasers for a valuable consideration and without notice, unless
the same be recorded" (§ 695.01(1)) — but an unrecorded deed still binds the grantor and
grantee themselves. Once recorded, an instrument is "notice to all persons" from the moment
the clerk stamps its official register number, and "the sequence of such official numbers
shall determine the priority of recordation" (§ 695.11). Florida adds a twist most states do
not: "grantees by quitclaim ... shall be deemed and held to be bona fide purchasers without
notice" (§ 695.01(2)), so taking by quitclaim does not, by itself, strip good-faith-purchaser
protection here. For paperwork slips, § 689.041 lets a single scrivener's error in the legal
description be cured so the deed conveys the intended land — but no cure statute fixes fraud,
forgery, incapacity, or a grantor who never owned the property.

What trips people up

  • Signing with no witnesses. A notarized-but-unwitnessed Florida deed can fail to
    convey anything, because § 689.01(1) makes the two subscribing witnesses part of validity,
    not just recording.
  • One married spouse signing the homestead. If the home is the owner's homestead, the
    spouse must join even when off title (Fla. Const. art. X, § 4(c)). Title companies will
    insist on the spouse's signature.
  • Recording the deed but not the power of attorney. A deed signed under a power of
    attorney is exposed to later purchasers unless the power is recorded before their rights
    accrue (§ 695.01(1)); the power must also be witnessed and notarized like a deed
    (§ 709.2105(2)).
  • A rejected deed over missing names or the clerk's box. Section 695.26 requires printed
    names and addresses beneath each signature and a reserved 3-by-3-inch space at the top
    right of page one; leaving these off draws a rejection at the counter.

Common questions

How many witnesses does a Florida deed need?
Two. Section 689.01(1) requires the deed to be signed in the presence of two subscribing
witnesses, and this goes to the deed's validity, not just its recordability.

Does an unrecorded Florida deed still transfer the property?
Yes, between you and your grantee. What recording adds is protection against a later
purchaser for value who takes without notice, who can otherwise defeat your unrecorded deed
(§ 695.01(1)).

Can the witnesses sign remotely?
Yes. Since 2020, the two witnesses may be present and sign electronically by audio-video
communication technology (§ 689.01(2)(a)), which supports remote online notarization.

My spouse isn't on the deed — do they have to sign?
For the homestead, yes. The Florida Constitution requires the spouse to join in any sale,
gift, or mortgage of the homestead if the owner is married (art. X, § 4(c)).

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

Fla. Stat. § 689.01 · accessed 2026-07-15
Fla. Stat. § 689.025 · accessed 2026-07-15
Fla. Stat. § 689.04 · accessed 2026-07-15
Fla. Stat. § 689.041 · accessed 2026-07-15
Fla. Const. art. X, § 4 · accessed 2026-07-15
Fla. Stat. § 709.2105 · accessed 2026-07-15
Fla. Stat. § 695.01 · accessed 2026-07-15
Fla. Stat. § 695.03 · accessed 2026-07-15
Fla. Stat. § 695.11 · accessed 2026-07-15
Fla. Stat. § 695.26 · accessed 2026-07-15
This page is general legal information about state-law formalities for an ordinary deed conveying real property, not legal advice about a particular title, transfer, spouse, homestead, power of attorney, legal description, tax, recorder rejection, or priority dispute. A document can be valid between its parties yet unrecordable or ineffective against a later purchaser, and recorder acceptance does not cure fraud, incapacity, lack of ownership, a defective description, or every missing marital signature. County and municipal offices may impose additional forms, fees, formatting, tax, and e-recording requirements. Verified against the official statute text on the date shown; confirm current law and local recorder instructions or consult a licensed real-estate attorney before relying on it.

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