The New Hampshire quitclaim deed is a document that one person, called the grantor, uses to transfer property to another person, called the grantee.
Compared to the warranty and special warranty deeds, the quitclaim deed has the simplest form. However, it doesn’t provide any guarantees for the grantee.
By signing the quitclaim deed, the grantor simply transfers their interests in the property to the grantee without providing a guarantee that there are no restrictions on the property title.
Therefore, the quitclaim should be used only between trusted parties and family members. Additionally, the grantee should check the property title before the transactions to ensure there are no other claims or flaws.
Quitclaim Deed Important Laws & Requirements in New Hampshire
Laws & Requirements
Statutes: § 477:28
Signing requirements: The grantor must sign the quitclaim deed before the notary public, commissioner, or justice. (§ 477:3)
Recording: Parties must submit the quitclaim deed to the Register of Deeds according to the location of the property.
Recording fees: When recording the quitclaim deed, the parties must pay the recording fee of $10 for the first page and $4 for each additional page. (§ 478:17-g)
Additional documents: Property Disclosure Statement - The grantor must issue this document to the grantee to notify them of the condition of the transferred property.
When to Use a Quitclaim Deed in New Hampshire
The simplicity of the form and the buyer protection make the New Hampshire general quitclaim form a suitable solution for a few legal activities.
#1. Title Modifications
The New Hampshire quitclaim deed can be used to modify the property title.
The grantor can make modifications to:
Quitclaim Deed Title Alteration
Correct the errors in the property title
Make necessary updates to the information in the property title
Add or remove people from the property title.
#2. Property Transfer
However, the New Hampshire quitclaim deed is mostly used for transferring the property. The simple form of this document makes it the easiest option for property transfer compared to the other forms of deeds.
However, due to the lack of warranties, the grantee should always check the property title and make sure there are no restrictions on the title before completing the transaction
#3. Living Trust Transfer
The grantor can also use the general quitclaim form to transfer their property to their living trust. This action doesn’t require any additional warranties, making the quitclaim deed a perfect solution.
How to Create a Quitclaim Deed in New Hampshire
#1. Fill Out The Form
Firstly, insert the information about the grantor and grantee, such as their:
First and last names
If the grantor or grantee is a legal entity, insert their registered name, registration number, mailing address, and form of entity.
#2. Add the “Note Consideration”
This section provides details about the value the grantee owes to the grantor for transferring the property to them.
The grantor can transfer the property with or without consideration (as a gift). Transactions without consideration are usually arranged for transactions between family members.
#3. Write the Legal Description
The legal description provides the information that helps the parties individualize the property. It usually includes the plot number and the address of the property (if applicable). The parties would often include a description of the property’s boundaries.
#4. Sign & Get it Notarized
In New Hampshire, the grantor must sign the quitclaim deed before the notary public, commissioner, or justice.
#5. File the Quitclaim Deed
Parties must file the finalized quitclaim deed with the authority authorized for deed recording.
Where to File a Quitclaim Deed in New Hampshire
In New Hampshire, the parties must file the quitclaim deed with the Register of Deeds according to the location of the property.