A quitclaim deed in New Hampshire transfers ownership interest from the grantor, or seller, to the grantee, or buyer. In New Hampshire, quitclaim deeds for real estate transfers warrant that the grantor has the right to sell the real estate and that the title is free and clear of liens and encumbrances not listed on the deed.
A New Hampshire quitclaim deed is typically used to:
- Transfer property between family members
- Convey property to an ex-spouse in divorce proceedings
- Add someone to a property deed
- Correct errors in an existing deed
Legal Framework
There are numerous New Hampshire quitclaim deed laws to govern deed applicability, formatting, terminology, fees, taxes, and related matters. N.H. Rev. Stat. § 477:28 establishes the legal foundation for using a quitclaim deed to transfer real estate.
If you intend to purchase a property using a quitclaim deed, it is wise to conduct a title search before you move forward. Once a title is transferred via a quitclaim deed, the grantee becomes liable for title issues that may arise.
Legal Description
When you are using a New Hampshire quitclaim deed to transfer property, a legal description of the property is critical. The description should include the property location, boundaries, and other identifying information, including:
- Street address
- City, town, and county
- Subdivision
- Parcel number
- Metes and bounds
Essentially, the legal description aims to make the real property easy to locate and identify.
Signing
A New Hampshire quitclaim deed must be signed by the grantor before a notary public, justice, or commissioner, per N.H. Rev. Stat. § 477:3.
N.H. Rev. Stat. § 456-B outlines the approved methods of obtaining notarization on a document, such as a New Hampshire quitclaim deed. While most notarization must occur in person, recent legislation has established methods to have electronic documents notarized remotely.
Before attempting to notarize a New Hampshire quitclaim deed electronically, check with your county’s register of deeds to verify the method’s validity for your real estate transfer.
Terminology
New Hampshire specifies the exact language of a quitclaim deed under N.H. Rev. Stat. § 477:28. The statutory form indicates that the grantor warrants that the premises were free of encumbrances caused by the grantor.
Additional Documents
To transfer New Hampshire real estate property using a quitclaim deed, both the grantor and grantee must each submit a declaration of consideration form and an inventory of property transfer form [1] within 30 days. These documents serve as evidence of payment of the real estate transfer tax, consistent with N.H. Rev. Stat. § 78-B:3 and N.H. Rev. Stat. § 78-B:10.
Filing
N.H. Rev. Stat § 477:3-a indicates that any deed or real estate conveyance must be recorded in the registry of deeds for the county in which the real estate is located [2]. If the property exists in multiple counties, you must register the quitclaim deed in every county where the real estate lies.
Validity Requirements
N.H. Rev. Stat. § 478:4-a(II) allows the New Hampshire register of deeds to create and adopt document standards suitable for reproduction. To meet these standards [3], your New Hampshire quitclaim deed should:
- Be printed or typed on white 8 ½ in. x 11 in. paper of not less than 20-pound weight.
- Be legible and reproducible.
- Contain all original signatures.
- Be printed on one-sided sheets.
- Not be bound, continuous, stapled, taped, or otherwise affixed.
- Be printed or typed in dark blue or black ink.
- Only use fonts larger than 10-point Times New Roman, except for specified items not in the headings or text of the document.
- Not include stamps that render text illegible or irreproducible.
- Include a margin of at least 3 in. on the top right half of the first page.
- Include margins of at least 1 in. on the page sides and bottom and the top of all subsequent pages.
Content Requirements
Under N.H. Rev. Stat. § 478:4-a and N.H. Rev. Stat. § 477:28, a valid deed must include:
- Name, county, and state of grantor
- Name, complete mailing address, county, and state of grantee
- Vesting language transferring property
- Description of land or interest being conveyed
- Name of all municipalities in which the property is located in the first sentence of the first description paragraph
- Encumbrances, exceptions, and reservations
- Spouse release of property, if co-owned
- Grantor signature(s)
- Name of each party signing the deed typed or printed under the signature
- Notary acknowledgment
New Hampshire maintains individual privacy by limiting certain sensitive information document records. The following details should not be included in your quitclaim deed, N.H. Rev. Stat. § 478:4-b:
- Social Security numbers
- Armed forces service numbers
- Credit card numbers
- Deposit account numbers
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Transfers real estate with a guarantee that the property and title belong to the grantor and do not have any defects caused by the grantor during their tenure. |
| Limited or Special Warranty Deed | Transfers real estate property with some limitations on guarantees. The grantor can list specific liens or encumbrances for which they agree to be liable. The grantor may also use a special warranty deed to limit their liability to the time during which they owned the property, absolving themselves of responsibility for any title defects that arose prior to their tenure. |
| General Warranty Deed | Transfers real estate property with a full guarantee of ownership and a free and clear title. Unlike quitclaims and limited warranty claims, a general warranty deed places full responsibility on the grantor should a title issue arise. |
| Title Insurance | For an up-front premium, title insurance provides financial security for grantees who receive property without warranty. If undisclosed title defects arise, the title insurance helps cover the related losses. |
| Living Trust | As part of an estate plan, the property owner can create a trust document naming a successor trustee. When the trust is established, the owner transfers the real estate property to themselves as the owner of the trust. Upon the owner’s death, the successor trustee can convey the property to the trust beneficiaries. |
| Joint Tenancy | Property owned by multiple people under joint tenancy with rights of survivorship as defined under N.H. Rev. Stat. § 477:18 automatically passes to the surviving owners when one passes away. To be valid, each owner must maintain an equal interest or share in the property. |
