The New Jersey quitclaim deed is a legal document used for property transfer. One person called the grantor (seller), uses the quitclaim deed to transfer the property to another person, called the grantee (buyer).
Compared to other types of deeds (warranty and special warranty deeds), the general quitclaim form has the simplest form, which enables a fast and simple property transfer.
However, the quitclaim deed doesn't provide any guarantees for the grantee. The grantor simply transfers their interests in the property without confirming that there are no other claims to the property or restrictions in the property title.
Quitclaim Deed Important Laws & Requirements in New Jersey
Laws & Requirements
Statute: Chapter 5 - Certain words in quitclaim deeds construed
Signing requirements: The grantor must sign the quitclaim deed before the notary public. (§ 46:26A-3)
Recording: Parties must submit the quitclaim deed for recording to the office of the County Clerk.
Recording fees: The parties must pay $30 for the first page and $10 for each additional page. The parties should also pay a $10 tax abstract fee. (§ 22A:4-4.1 and 22A:4-17)
Additional documents: Nonresident Seller’s Tax Declaration - The grantor who lives outside the state of New Jersey must complete this form and submit it with the quitclaim deed.
When to Use a Quitclaim Deed in New Jersey
The general quitclaim form has characteristic features (simple form and lack of warranties) that make it suitable for certain activities and transfers.
#1. Title Modifications
The grantor can use the quitclaim deed to make modifications to the property title. The modifications can be made due to an error in the property title, to update the information in the title, or to add or remove people from the title.
#2. Property Transfer
The quitclaim deed is most commonly used to transfer the property. Due to the lack of warranty, the grantee should always check the property title and make sure there are no restrictions on the title before transferring the property. For that reason, the quitclaim deed is most commonly used between trusted parties and family members.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to transfer the property from their assets to their living trust. By doing so, they can transfer the property to their loved ones without creating a will. This kind of action doesn’t require any warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in New Jersey
#1. Fill Out The Form
Insert basic information about the grantor and grantee. This includes their first and last name, mailing address, and marital status.
The document should also include vesting. This provides information on how the grantee will hold the property. In practice, real property is usually owned in sole ownership or co-ownership.
#2. Add the “Note Consideration”
This section provides details about the value of the transferred property. The property can be transferred with or without consideration (as a gift).
The consideration can be in the form of:
Forms of Consideration
Money transfer
Default on debt
Providing certain services
#3. Write the Legal Description
The legal description includes the plot number, a description of the property boundaries, or any other information that helps the parties individualize the transferred property.
The quitclaim deed must include a precise legal description of the property. The easiest way to find the legal description of the property is to look at the property title or the previous deed.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public.
#5. File the Quitclaim Deed
The parties must submit the quitclaim deed to the governmental body in charge of the registration.
Where to File a Quitclaim Deed in New Jersey
In New Jersey, the parties should submit the quitclaim deed to the County Clerk according to the location of the property.