A quitclaim deed allows you to transfer property ownership without making any warranties — legally enforceable promises — about the title and whether there are any claims or liens against the property.
Family members often use quitclaim deeds in New Hampshire to quickly transfer property. Read further to ensure your quitclaim deed complies with New Hampshire deed requirements and for information about other forms you may need.
New Hampshire Quitclaim Deed Laws and Requirements
New Hampshire mandates that a quitclaim deed is in writing, contains a legal description of the property, and meets specific signing and acknowledgment requirements.
You must pay a recording fee and a transfer tax when you record the deed.
The New Hampshire Revised Statutes contains laws concerning deeds in New Hampshire. Chapter 477 regulates transfers of real property, and Chapter 478 governs the recording process.
A New Hampshire quitclaim deed form should contain the property’s legal description including the mailing address, tax identification number, and any other information listed in previous deeds.
Under New Hampshire Revised Statutes Section 477:3, the grantor (the person transferring the property) must sign the deed. Without the grantor’s signature, a quitclaim deed is invalid.
New Hampshire Revised Statutes Section 477:3 also requires the grantor’s signature to be acknowledged by a justice or a notary public.
New Hampshire Revised Statutes Section 477:28 provides sample language for a quitclaim deed but the exact language is not required. Some elements to include are:
- Grantor’s name
- County of grantor
- Grantee’s (person receiving the property) name
- Grantee’s complete mailing address, including county
- Amount of consideration paid
- The term “quitclaim”
- Description of land being transferred
- Any exceptions
New Hampshire Revised Statutes Section 78-B:1 requires the buyer and seller to pay a real estate transfer tax (RETT) at $0.75 for each $100 sale price.
There are a few exceptions to the transfer tax including transfers due to a divorce per New Hampshire Revised Statutes Section 78:B-2. If the sale price is $4,000 or less, the buyer and seller each pay $20 as a minimum tax ($40 total).
Suppose the buyer and seller are related and the sale price is unsupported (meaning the sale price is significantly less than the property’s fair market value). In that case, the tax is based on the property’s fair market value instead of the sale price.
To pay the real estate transfer tax, the buyer and seller must buy stamps from the appropriate county Register of Deeds before the deed is recorded. The Register of Deeds will affix the stamps to the deed.
Within 30 days of recording the deed, the seller and the buyer must each file their Declaration of Consideration forms and an Inventory of Property Transfer (Form PA-34) with the New Hampshire Department of Revenue Administration to ensure the appropriate real estate transfer tax is paid.
The seller or grantor’s Declaration of Consideration form is Form CD-57-S, and the buyer or grantee’s form is Form CD-57-P.
The forms are not required if the transfer is exempt from the real estate transfer tax by law.
Besides the signature acknowledgment requirement, there is no witness requirement for a New Hampshire quitclaim deed.
All deeds, including quitclaim deeds, should be recorded with the Register of Deeds in the county where the property is located per New Hampshire Revised Statute § 477:3-a.
There are recording fees (set by New Hampshire Revised Statutes § 478:17-g) to be paid to the Register of Deeds.
Each county may have slightly different requirements for recording, so check with your county’s office before you visit.
Per New Hampshire Revised Statutes Section 478:4-a, the deed must contain the latest mailing address of the grantee, name of the municipalities in which the property is located in the first descriptive sentence, and names of each person signing the deed printed or typed under the signature.
How to Write & File a Quitclaim Deed in New Hampshire
Follow the steps below to write and file a quitclaim deed in New Hampshire.
Step 1 – Obtain the Quitclaim Deed Form
Download the New Hampshire quitclaim deed form or use our document builder and follow the next steps below.
Step 2 – Fill in Preparer’s Details
Have the form’s preparer enter their name and mailing address in the top left-hand corner.
Step 3 – Write ‘Return To’ Information
Decide who will receive the deed after it is recorded. Put this person’s name and mailing address underneath the preparer’s information. This is usually the grantee.
Step 4 – Note Consideration
After “in consideration of the sum of” write the amount paid, if any, for the property in words. Then in parentheses, write it in numbers.
Step 5 – Enter Grantor’s Details
Write the full name of the grantor and the grantor’s address. This will be the street address, county, city, and state in that order.
Step 6 – Fill in Grantee’s Information
After the grantor’s information, provide the grantee’s information. This will be the full name and the address in the same order as the grantor.
Step 7 – Note Property Legal Description
Write the county where the property is located. Then, record the legal description of the property. This should include the Tax ID number, legal description, address, and other information recorded on the original deed.
You can add additional pages via attachments to this document.
Step 8 – Get Quitclaim Deed Notarized
Take the deed to a notary for the grantor to sign. The notary will need to officially notarize the document after witnessing the signature.
Step 9 – File Your New Hampshire Quitclaim Deed
Contact the County Register of Deeds Office in the county where the property is located to determine the recording fees and other submission guidelines set forth by the county.
Take the signed, notarized deed to the Registry of Deeds Office with the appropriate filing fee and additional documents the county requires to file the deed.
Sample New Hampshire Quitclaim Deed
Below is an example of what a quitclaim deed in New Hampshire looks like.