Having a quitclaim deed in New Jersey allows homeowners to transfer their ownership interest to other individuals in the state.
Do you need help drafting or verifying that your quitclaim deed is legally valid? Contact our New Jersey real estate attorney so she can help you through this paperwork process. Call today so we can start your process as soon as possible.
What Is A Quitclaim Deed In New Jersey In 2022?
A quitclaim deed in New Jersey allows a property owners (grantors) to release their rights in the property to a buyer (grantee).
Generally, quitclaim deeds are used to pass property to a relative, to divest an interest in a property due to a divorce, or when selling a property to another individual.
What Is The Purpose Of A Quitclaim Deed In New Jersey?
Quitclaim deeds are used for different scenarios, such as to transfer:
- Property to or from a revocable living trust.
- Property to a spouse as part of a divorce.
- The interests of a co-owner to another co-owner.
- The property owned by the owner to the co-ownership of another person.
- The way in which the property title is held.
Is The Quitclaim Deed The Same As The Warranty Deed?
Quitclaim Deeds are different from Warranty Deeds in that the latter guarantees the buyer that the owner of the property owns and transfers title to the property. Instead, quitclaim deeds only release the rights the grantor owns to the property.
An example of the quitclaim deed is as follows:
- A grantor is a joint owner of a house, while his spouse is the owner.
- A quitclaim deed releases the grantor’s interest in the property.
- The grantor cannot give title to the buyer without having the signature of their spouse.
How To Use A Quitclaim Deed?
If you are wondering: how to transfer the deed to my house in NJ? You need to know that:
- Quitclaim Deeds are used to transfer property rights from one individual to another.
- To do so, a New Jersey Quitclaim Deed form must be completed.
- The writing must be in English.
- You must go to a notary public.
- Take the form to the county clerk’s office.
What Quitclaim Deed Laws Exist In New Jersey?
Quit deed laws in New Jersey are codified under NJSA 46:5-1. Thus:
- The wording of the quitclaim deed must include the words “release,” “release and quitclaim,” or “grant and release.”
- The signature must be signed by the seller of the property in the presence of a notary public.
- The record of deeds that have been notarized must be filed with a County Clerk’s Office (PDF).
How Do I File A Quitclaim Deed In New Jersey?
To write a quitclaim deed form, the following information must be provided:
- Name and address of the individual preparing the form.
- Name and mailing address of the individual to whom the registered deed will be sent.
- County where the property is located.
- Consideration paid for the property.
- Name and address of the grantor.
- Name and address of the grantee.
- Legal description of the property.
- Grantor’s signature.
- Signature of the notary public with the expiration date of the commission and its respective seal.
If the property transfer is tax-exempt, the deed must include an explanation. In the event of a waiver, the parties must also complete the Affidavit of Consideration.
Once the quitclaim deed is complete and notarized, it must be taken to the New Jersey County Clerk or Registrar of Deeds in the respective county where the property is located.
How Can I Transfer Ownership With A Quitclaim Deed?
To transfer ownership through a quitclaim deed, you must:
- Obtain a blank quitclaim deed. Forms can be found at most office and retail stores. Also, it is possible to find a generic form online.
- Complete the requested information. The owner of the property and the recipient must be indicated with the respective information.
- Take the completed deed to a notary public. Once with the notary, it must be signed in the presence of the notary. Subsequently, the notary will place their seal on the document.
- Make two photocopies of the deed. The copies and the original deed must be taken to the county recorder’s office so they can affix their seal to each deed.
How To Execute A Quitclaim?
To prevent fraud and maintain evidence of who owns the property, state law requires individuals to execute a valid written deed to transfer title to property. To do this, the following steps must be followed:
- Gather the necessary information. This is the name of the original owner, the name of the new owners, the price paid for the transfer and the legal description of the property.
- Get the blank form. Quitclaim deed forms are available at registry offices or online.
- Fill in the writing. The forms generally require little time to complete.
- Inform who prepared the deed. It must be written in the space available in the upper left corner of the document.
- Fill in the name and address of the beneficiary. It should be in the “after recording, please return to” box.
- The signature. The grantor must sign the deed in the presence of two witnesses and the notary public. If required, witnesses can also sign the deed after the grantor.
- Notarize the deed. Once the grantor and witnesses (if necessary) have signed the deed, the notary public must acknowledge the signatures and their veracity.
- Give the executed deed to the grantee. The grantor must take the deed to the land registry office to be filed.
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Are Quitclaim Deeds Legal In New Jersey?
Quitclaim deeds are legal instruments to transfer an interest in a property to another party. Under NJSA 25:1-11, an agreement to transfer an interest in real estate is enforceable in New Jersey if it is in writing.
In addition, quitclaim deeds must have the following:
Identification Of The Grantor And Grantee
The name of each grantor must match the names shown in the most recent records of the registered deed of acquisition. The full name of each grantee must be listed.
The first numbered paragraph must contain the words of the transfer and establish that the assignor transfers the title of the rate to the assignee in exchange for a consideration paid.
Tax Map Reference
For the deed to be acceptable for registration, it must contain the real estate tax identifier. Real estate is typically described as a tax parcel. This must contain:
- The lot number or block number of the property as shown on the tax map of the municipality.
- The account number of the property.
- A statement that there is no lot number, block number or account number assigned.
An accurate and complete description of the property conveyed by the quitclaim deed must be included. Such a description should be reviewed in the title insurance commitment, deed of acquisition, or other property record to ensure that it can be transferred correctly and legally.
Release And QuitClaim
You should keep in mind that a quitclaim deed does not grant any agreement or guarantee of the land or title to the property. Therefore, the quitclaim deed transfers only the interests that the grantor has.
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How Much Does It Cost To File A Quitclaim Deed In New Jersey?
The cost of a quitclaim deed in New Jersey is broken down into the following:
- Cost of preparing a quitclaim deed: can be around $500 or so. Same-day deeds often require a small additional fee.
- County Clerk Registration Fee: Approximately $105.
- The seller must pay a real estate transfer fee based on the sale price of the property.
The costs for all types of real estate matters can be high. Buyers typically apply for one type of mortgage loan to purchase their dream home. If you plan to apply, you may to consider the things to avoid when applying for a mortgage.
Cemetery Interment Rights for Quitclaim Deeds
In the event of an unexpected death, a relative or friend may elect to transfer their cemetery property to the decedent’s immediate family. This is to avoid the cost of a cemetery plot. To do this, note the follwing:
- Goal. A quitclaim deed can be used in a number of scenarios, but its main purpose is to transfer the rights (in this case burial) originally held by the previous owner of the property to the new owner.
- Pre-arrangement rights. Previous owners of the property may be eligible for certain rights in the cemetery. Such rights may include forgiveness of a refund of the remaining cost in the event the owner dies before paying for the property in full.
- Other rights include that anyone under the age of 21 be buried with their parents free of charge, in the event of an unexpected death.
- At-need rights. In the event that the property is transferred to a new owner upon death, the new owner will retain the at-need rights. A need situation requires that the cemetery be paid in full before the internment is complete.
- Validation. For a quitclaim deed to be valid, it must be filed with the county court in the presence of a notary public.
Filing a quitclaim deed is not possible if a burial has already occurred. Additionally, quitclaim deeds are only eligible on vacant grave slots.
Quitclaim deed attorney in New Jersey
Since deed transfers can be complex, especially in New Jersey, a real estate attorney is essential for proper processing. The Curbelo Law firm has over 10 years of experience assisting individuals with transfer of deeds.
The Curbelo Law team headed by attorney Carolina T. Curbelo, has helped thousands of clients with the creation of any type of legal and necessary document for real estate.
Call the firm today or send an email to begin the process of investigating your case. If you want to go to the offices of Curbelo Law in New Jersey, you can book an appointment to be seen at the office in Ridgewood.