According to Florida law, a quitclaim deed can be contested in Florida on several grounds based on defects in execution (they must be signed in the presence of two subscribing witnesses), lack of capacity, fraud, duress, undue influence, forgery, or violations of constitutional protections such as homestead rights (to be valid, it must be executed with the proper spousal consent).
Grounds for Challenging Validity
Florida courts recognize multiple bases for contesting quitclaim deeds. A forged quitclaim deed is “absolutely void and wholly ineffectual to pass title” and “creates no legal title nor affords protection to those claiming under it” (Murphy v. Osorio, 299 So.3d 446 (2020))[3]. The deed must be removed from the chain of title when forgery is established (Murphy v. Osorio, 299 So.3d 446 (2020))[3].
Challenges based on fraud, duress, and undue influence are also recognized. In one case, a stepmother successfully cancelled a quitclaim deed where “the evidence of fraud and undue influence was sufficient to support that portion of the judgment cancelling the deed” (Passio v. Passio, 309 So.2d 595 (1975))[2].
