New Jersey quitclaim deed

Having a quitclaim deed in New Jersey allows homeowners to transfer their rights to the property to other individuals in the state.

Do you need help drafting or verifying that your quitclaim deed is legally valid? Contact our NJ real estate attorney so we can help you through this process.

What is a quitclaim deed in New Jersey in 2024?

A quitclaim deed in New Jersey allows owners of a property (grantor) to release their interest in the property to a buyer (grantee).

This deed grants ownership to the new owner, regardless of the status of the real estate title and without ensuring a clear transfer of title in real estate. 

Generally, this type of deed is used to transfer property to a family member or change the way it is titled without affecting ownership.

What is the purpose of a quitclaim deed in New Jersey?

Quitclaim deeds are used for several scenarios, such as to transfer the following:

• Interest from one co-owner to another co-owner.
• Property to or from a revocable living trust.
• Property to a spouse as part of a divorce.
• How the property title is held. 
• Property owned by the owner or jointly owned by another person.

Is the quitclaim deed the same as the warranty deed?

Quitclaim deeds are different from warranty deeds, as the latter guarantees to the buyer that the property owner owns and transfers title to the property. 

Instead, quitclaim deeds only release the grantor’s rights to the property. 

An example of the quitclaim deeds is the following:

1. A transferor is a co-owner of a home, while their spouse is the owner.
2. A quitclaim deed releases the grantor’s interest in the property.
3. The transferor cannot grant title to the buyer without having the signature of their spouse.

What is a warranty deed? 

A warranty deed is a legal document that assures the new owner that the title to the property is valid and free of undisclosed third-party claims.

In the event that title problems arise, the new owner can sue the grantor. In New Jersey, a warranty deed includes:

• Confirmation that the current owner has the legal right to transfer ownership.
• Ensuring that there are no undisclosed liens.
• Guarantee that the new owner’s possession will not be disturbed by third parties.
• Commitment by the current owner to take the necessary steps to confirm the new owner’s title.

These points ensure that the new owner receives a property free of legal problems and with a clean transfer of title.

How to use a quitclaim deed?

If you are wondering how to transfer the deed to your house in NJ?, you need to know that:

• Quitclaim deeds are used to transfer property rights from one individual to another. 
• To do this, a New Jersey Quit Claim Deed form must be completed.
• The writing must be in English.
• You must go to a notary public.
• You must take the form to the county clerk’s office. 

Uses of Quitclaim Deed Forms in New Jersey

In New Jersey, quitclaim deed forms are frequently used in various matters, such as:

• Right of survivorship: Transfer title to co-owners, establishing a right of survivorship.
• Deed to trust: Transferring title to a revocable living trust created by the owner.
• Deed from trust: Transferring title from a trustee to a beneficiary or successor beneficiary after the death of the trust creator.
• Gift deed: Transferring property to a family member as a gift.
• Divorce: Transferring title between former spouses after a divorce.

These deeds are most common when trying to transfer property for minimal compensation, or to change the title of a property without altering actual ownership and control.

What quitclaim deed laws exist in New Jersey?

The quitclaim deed laws in New Jersey are present in section NJSA 46:5-1:

• If the quitclaim deed contains “release,” “remise, release and quitclaim,” or “grant and release,” it’s interpreted as if the grantor “grants and conveys”
• The signature must be signed by the property seller in the presence of a notary public.
• The record of deeds that have been notarized must be filed at a County Clerk’s Office (PDF). 

Is consideration required for a quitclaim deed in New Jersey?

In New Jersey, it is necessary to indicate the consideration, or value exchanged for the property, in a quitclaim deed. 

In fact, something simple like “$1.00” must be mentioned to legitimize the transfer. This detail not only clarifies the intent of the transaction, but also ensures that the deed complies with state regulations.

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 recorded deed will be sent.
• County where the property is located.
• Consideration paid for the property.
• Name and address of the transferor.
• Name and address of the beneficiary.
• Legal description of the property.
• Signature of the grantor.
• Signature of the notary public with its commission expiration date and its respective seal.

If the transfer of the property is tax-exempt, the deed must include an explanation. 

If you have an exemption, the parties must also complete the Affidavit of Consideration.

Once the quitclaim deed is completed and notarized, it must be taken to the New Jersey county clerk or recorder of deeds in the respective county where the property is located.

What requirements exist to present a Quitclaim deed?

A quitclaim deed must be differentiated from other types of deeds in New Jersey. Therefore, you should not include explicit title clauses or use language that could create implied clauses.

Assignment deeds in New Jersey typically carry the title “Quitclaim Deed” and include transfer language suggesting an assignment.

General Requirements for New Jersey Deeds

Quitclaim deed forms must meet the legal requirements applicable to all state deeds. These include:

• Transfer Tax: There are certain New Jersey Real Estate transfer fees that must be considered when transferring property.
• Additional documents: Such as the RTF-1 for tax exemptions, RTF-1EE for transfers exceeding one million or GIT/REP-1 for certain sellers.
• Filing: The deed must be filed at the appropriate county clerk’s office.
• Essential elements: There are certain key elements to include, such as a legal description of the property or a statement of consideration.
• Notarization: The deed must be notarized to confirm its validity and the signature of the grantor.

How can I transfer my property with a quitclaim deed?

To transfer ownership through a quitclaim deed you must:

1. Obtain a blank quitclaim deed. These forms can be found online.
2. Complete the requested information. The owner of the property and the recipient must be indicated with the respective information.
3. Take the completed deed to a notary public. Once with the notary, it must be signed in his presence. Subsequently, the notary will place his seal on the document.
4. Make two photocopies of the writing. Copies and the original deed must be taken to the county recorder’s office to have their seal placed on each of the deeds.

How To Execute A Quitclaim?

To prevent fraud and maintain evidence of who owns the property, state laws require individuals to execute a valid written deed to transfer title to property. To do this, you must follow the following steps:

1. 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.
2. Get the blank form. Quitclaim deed forms are available at registrar’s offices or online.
3. Fill out the writing. Forms generally require little time to complete.
4. Inform who prepared the deed. It must be written in the space available in the upper left corner of the document.
5. Fill in the name and address of the beneficiary. It should be in the “after registration return it to” box.
6. The signature. The transferor 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.
7. Notarize the deed. Once the transferor and witnesses (if necessary) have signed the deed, the notary public must recognize the signatures and their veracity.
8. Give the executed deed to the grantee. The transferee must take the deed to the land registry office to have it filed. 

Are quitclaim deeds legal in New Jersey?

Quitclaim deeds are legal instruments for transferring an interest in a property to another party. 

Due to NJSA 25:1-11, an agreement to transfer an interest in real estate is enforceable in New Jersey if it is made in writing.

Additionally, quitclaim deeds must have the following:

Identification Of The Grantor And Grantee

The name of each transferor must match the names shown in the most recent records of the recorded acquisition deed. The full name of each beneficiary must be listed. 

Granting clause

The first numbered paragraph must contain the words of the transfer and state that the transferor transfers title to the fee to the transferee in exchange for consideration paid. 

Tax map reference

For the deed to be acceptable for registration, it must contain the real estate tax identifier. Real estate is generally described as a tax parcel. This must contain:

• The lot number or block number of the property as shown on the municipality’s tax map.
• The property account number.
• A statement that there is no batch number, block number, or account number assigned.

Legal description

An accurate and complete description of the property conveyed by the quitclaim deed must be included. 

You should also review this description in the title insurance commitment, in the deed of acquisition or other record on the property. This will be 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 covenant or guarantee of the land or title to the property. Therefore, the quitclaim deed transfers only the interests that the grantor has. 

Are you worried about whether the title has claims? Perhaps a New Jersey property title search can help you in this regard.

How much does it cost to file a quitclaim deed in New Jersey?

The cost of filing a quitclaim deed in New Jersey varies depending on the specific details of the document. Generally speaking, fees start at $30-$40 for the first page of the document, with an additional fee of $10 for each additional page. 

However, it is best to check with the appropriate county clerk’s office for a more accurate estimate of costs.

Additionally, it is key to consider the tax implications related to the transfer of real estate. 

How to Fix A Mistake in the Quitclaim deed?

To fix an error, follow these steps:

1. Identify the error that needs to be corrected.
2. Prepare a corrective waiver deed that specifies the correction, citing the original deed by its recording date and book/page number.
3. Include a statement in the corrective writing that explains the purpose of the correction, detailing the error and the correction made.
4. Have the grantor sign the corrective deed in the presence of a notary public.
5. Record the corrective deed in the county clerk’s office where the original deed was recorded, along with any applicable fees. 

Cemetery Interment Rights for Quitclaim Deeds

If an unexpected death occurs, a relative or friend may choose to transfer their cemetery property to the immediate family of the deceased. This is to avoid the cost of a cemetery plot. To do this, keep the following in mind:

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-agreement right

Previous owners of the property may be eligible for certain rights in the cemetery. Such rights may include forgiveness of a return of the remaining cost in the event the owner dies before paying for the property in full.

Other rights include that anyone under 21 years of age be buried next to 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 at the time of death, the new owner will retain the rights of necessity. 

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 spaces. 

Quitclaim deed attorney in New Jersey

Since deed transfers can be complex, especially in New Jersey, it is key to have a real estate attorney for proper processing. 

The Curbelo Law firm has more than 10 years of experience assisting individuals in deed transfers. 

The team led by attorney Carolina T. Curbelo, has helped hundreds of clients in real estate matters. 

Call the firm today or send an email to begin the investigation process for your case. If you want an in-person consultation, you can schedule an appointment in our office in Ridgewood, New Jersey.