A New Hampshire 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.
How to File
Filing a quitclaim deed in New Hampshire is a simple process if you gather the right information and record the deed correctly. Taking the proper steps protects your interests.
Step 1 – Locate the Original Deed
If you are the property owner, you should have the original property deed in your possession. If you are not the owner, or you have misplaced it, you can request a copy from the county register of deeds where the property is located.
Step 2 – Identify the Legal Property Description
The legal property description should be indicated on the original deed. You can pull this information directly from the original document and transfer it to your quitclaim deed.
Step 3 – Fill Out Your New Hampshire Quitclaim Deed Form
Quitclaim deeds must meet specific formatting standards [1] established by the register of deeds. In addition, per N.H. Rev. Stat. § 478:4-a and N.H. Rev. Stat. § 477:28, your New Hampshire quitclaim deed should include the following information:
- Grantor’s full name, county, and state
- Grantee’s full name, complete mailing address, county, and state
- Property transfer language, including encumbrances, exceptions, and reservations
- Legal description of transferred property, including the names of all municipalities where the property exists. This must be noted in the first sentence of the first description paragraph
- Signatures of the grantor and their spouse, if applicable
- Typed or printed name of each signing party under their respective signatures
- Notary acknowledgment
Step 4 – Sign and Notarize the Quitclaim Deed
According to N.H. Rev. Stat. § 477:3, a quitclaim deed must be signed before a notary public, justice, or commissioner. Wait to sign your quitclaim deed until you are in the presence of the notary. Failure to do so could void the document.
Step 5 – File the Quitclaim Deed With the Registry of Deeds
N.H. Rev. Stat § 477:3-a requires real estate conveyances, such as a New Hampshire quitclaim deed, to be officially recorded with the registry of deeds in the property’s county. If the property crosses county lines, you must register the quitclaim deed with each county where the property is located.
Step 6 – Pay Real Estate Transfer Tax and Submit Evidence of Payment
Within 30 days of the real estate transfer or recording of the deed, whichever is later, you must submit a declaration of consideration for the amount received in exchange for the property. You must also pay transfer tax as indicated under N.H. Rev. Stat. § 78-B:1, and submit evidence of payment per N.H. Rev. Stat. § 78-B:3 with an inventory of property transfer form [2].
Costs and Fees
Quitclaim deed transfers in New Hampshire generally involve recording fees and a real estate transfer tax. Understanding the full range of costs can help you budget properly and avoid unexpected setbacks.
When you convey property using a New Hampshire quitclaim deed, you are subject to certain fees and taxes, including recording fees, state taxes, and federal taxes.
Recording Fees
Recording fees for filing a quitclaim deed in New Hampshire are established under N.H. Rev. Stat. § 478:17-g as follows:
- $10 recording fee for the first recorded page
- $4 fee for each additional recorded page
- $25 fee for recording a deed
Taxes
Taxes you may pay on a quitclaim deed in New Hampshire include real estate transfer tax, US gift tax, and capital gains tax.
1. Real Estate Transfer Tax
Per N.H. Rev. Stat. § 78-B:1, each sale, grant, or transfer of real estate is subject to a real estate transfer tax. Tax should be paid to the registry of deeds office in the county where the property is located.
Who Pays the Transfer Tax?
The real estate transfer tax is imposed on both the buyer and the seller, who are required to pay their taxes directly to the registry of deeds.
Exemptions to Transfer Tax
Per N.H. Rev. Stat. § 78-B:2, certain real estate transactions are exempt from New Hampshire real estate transfer tax. Exemptions that could apply to quitclaim deeds include:
- Transfer of title to a state or local governmental agency or district
- Transfer of title to the US or its agencies
- Deeds to correct a previous deed or real estate document
- Transfer of title from a tax-exempt organization to another tax-exempt organization for the purpose of reorganization or internal transfer
- Noncontractual transfers
- Transfers of cemetery plots
- Transfer of property through joint tenancy
- Transfer of property to a beneficiary in a partnership due to the death of a partner
- Transfer of title between spouses due to a divorce decree
If you are not sure whether exemptions apply to your New Hampshire quitclaim deed, consider consulting with a tax professional or real estate attorney before you sign.
Tax Rates
New Hampshire charges a tax rate of $0.75 per $100 or a fraction of the consideration received. If consideration for the property transfer is $4,000 or less, there is a minimum tax of $20.
2. US Gift Tax (Form 709)
New Hampshire does not charge a gift tax, but the federal government charges for gifts over a certain amount, as established by the IRS annually [1]. If the grantor gifts real estate to the grantee through a quitclaim deed, and the value of the property exceeds the federal gift tax exemption, the grantor must fill out form 709 [2] when they complete their annual income tax return. Gift tax rates are based on the amount of the gift — in this case, the value of the property conveyed using the quitclaim deed.
3. Capital Gains Tax
While you may owe federal capital gains tax on a real estate transfer through a New Hampshire quitclaim deed, you do not need to worry about state capital gains. US capital gains tax is calculated based on the amount of time the grantor owned the property before they transferred it and how much consideration they received. The IRS also considers your taxable income when determining the capital gains tax rate, exemptions, and deductions. [3]
New Hampshire Quitclaim Deed Requirements
New Hampshire quitclaim deeds need to follow detailed regulations to be properly recorded and recognized. A well-prepared deed ensures a faster, hassle-free transfer.
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 in New Hampshire
| 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. |
Sample New Hampshire Quitclaim Deed
View a free sample New Hampshire quitclaim deed below. You can customize it quickly with our editing tool and download it as a PDF or Word file.
Frequently Asked Questions
Are there any specific requirements for a New Hampshire quitclaim deed?
Yes, New Hampshire has specific requirements for Quitclaim Deeds, including:
– The legal description of the property must be precise.
– The deed must include the grantor’s and grantee’s full names and addresses.
– Signatures of all parties involved must be notarized.
– The deed must state the consideration paid for the property transfer.
– The document needs to be recorded at the local County Registry of Deeds to be effective against third parties.
– A Real Estate Transfer Tax Declaration of Consideration form must be filed if the transfer is subject to the state’s real estate transfer tax.
Can I use a quitclaim deed to transfer property to a family member in New Hampshire?
Yes, quitclaim deeds are commonly used to transfer property between family members in New Hampshire. This method is often chosen for its simplicity and the fact that it does not warrant the title, making it suitable for transactions where the parties know each other well and there is a mutual trust regarding the property’s history and title status. However, it’s crucial to understand that this type of deed does not provide the grantee with protection against any existing claims or liens on the property.
How can I correct a mistake on a New Hampshire quitclaim deed?
To correct a mistake on a New Hampshire Quitclaim Deed, you should create and record a Corrective Deed. This involves:
1. Identifying the mistake clearly and ensuring it needs correction.
2. Drafting a Corrective Quitclaim Deed that states the correction, referencing the original deed by recording date and book/page number.
3. Including a statement in the corrective deed that specifies it is for correction purposes, detailing the error and the correction made.
4. Having the grantor(s) sign the Corrective Deed in front of a notary public.
5. Recording the Corrective Deed at the County Registry of Deeds where the original deed was recorded, along with any applicable fees.
It is important to ensure that the corrective process follows New Hampshire’s legal requirements for deed recording.
