Download New Mexico Quitclaim Deed Form [PDF]

The New Mexico quitclaim deed is a document the grantor (seller) uses to transfer the property to the grantee (buyer). This type of document has a simple form compared to the other types of deeds, and it is often used if the parties want to quickly transfer the property without unnecessary formalities.

However, this form of deed doesn’t provide any warranties for the grantee. The grantee obtains the property without a guarantee from the grantor that there are no other claims to the property and that the property title is free of any restrictions.

Quitclaim Deed Important Laws & Requirements in New Mexico

When to Use a Quitclaim Deed in New Mexico

The general quitclaim form can be used in multiple transactions and legal activities due to its simple form.

#1. Title Modifications

The quitclaim deed can be used to modify the property title. The grantor can modify the title to fix an error in the title or to update the information in the title. Additionally, the grantor can add or remove people from the title or clear the title using this type of deed.

#2. Property Transfer

The most common use for the quitclaim deed is for property transfer. The simple form of this document enables the parties to easily transfer the property between each other.

However, since the quitclaim deed doesn’t provide any warranty for the grantee, it should be used for transactions between trusted parties and family members.

#3. Living Trust Transfer

The grantor can use the quitclaim deed to transfer their property to the living trust. Besides making the will, this is the most convenient way of transferring the property to family members during someone’s lifetime.

How to Create a Quitclaim Deed in New Mexico

#1. Fill Out The Form

Firstly, insert information about the grantor and grantee, such as their first and last names, mailing addresses, and marital status. For legal entities, enter the registered name, mailing address, form of entity, and registration number.

The general quitclaim form should also include the vesting, describing how the grantee will hold the property. Vesting is most commonly set as sole ownership or co-ownership.

#2. Add the “Note Consideration”

New Mexico is a non-disclosure state, so certain types of information, such as the consideration exchanges in the property transfer, are not going to be included in the public records.

Therefore, the parties are not required to include the consideration in the quitclaim deed. However, if they wish to present the purchase price for tax or other reasons, they might do so by entering it under the "consideration" section.

#3. Write the Legal Description

The quitclaim deed must include the legal description of the property to help the parties individualize the property. The legal description usually includes the plot number and the property address. However, parties often include a description of the property boundaries if the plot number is not available.

This section should also include information about any restrictions related to the property or property title.

#4. Sign & Get it Notarized

The grantor should sign the quitclaim deed before the notary public.

#5. File the Quitclaim Deed

The parties must file the quitclaim deed with the governmental office in charge of the deed recording.

Where to File a Quitclaim Deed in New Mexico

In New Mexico, the parties submit the quitclaim deed to the County Clerk’s Office according to the location of the property.