What is a New Jersey Quitclaim Deed?
A New Jersey (NJ) quitclaim deed allows a property owner (or grantor) to release their ownership rights to a purchaser (or grantee). Quitclaim deeds are often used to pass a piece of property down to a family member, divest one’s interest in a property in a divorce proceeding, or sell a property to someone else.
A quitclaim deed is different from a warranty deed, which warrants to the purchaser that the property owner has (and is conveying) legal title to the property. Instead, a quitclaim deed releases only the rights the grantor has in the property. In other words, if a grantor co-owns the property with their spouse, a quitclaim deed will release the grantor’s interest, but won’t vest clear title in the purchaser without the spouse’s signature.
Quitclaim deeds are often misspelled or referred to as “quit claim” deeds or even “quick claim” deeds (which could be a reference to their simplicity but is still incorrect).
Important Laws & Requirements
- Laws: New Jersey Revised Statutes §§ 46:5-1, 46:5-3, 46:5-4, 46:5-6
- Wording: If the quitclaim deed includes the words “release,” “release and quitclaim,” or “grant and release,” the deed will be construed as though it said the grantor “grants and conveys” to the grantee. See NJ Revised Statutes § 46:5-1.
- Signing: The document must be signed before a notary public, who will notarize it. All grantor(s) must be present to sign.
- Recording: The completed quitclaim deed must be filed at the County Clerk’s Office in the county where the real estate is located.
How to Write & File a Quitclaim Deed in New Jersey
Step 1: The form you use may use certain legal terms. Learn how these terms are defined:
- Consideration: how much money is being paid for the property.
- Legal Description: a detailed description of the property that is sufficient to identify it.
- Parcel Number: this number is usually listed on your property tax statement, and is assigned by the tax assessor to identify your property.
- Notary: a notary public who watches the parties sign and then affirms that the signatures are authentic.
Step 2: Fill out the preparer’s information by entering the full name and address of the person completing the form. The full name and address are necessary even if the form is being completed by the grantor or grantee, whose addresses should be listed elsewhere on the form.
Step 3: Provide the name and address of the person (or people) to whom the clerk or Registrar of Deeds should return the recorded quitclaim deed. Usually, at least the grantor(s) and grantee(s) will want a copy to keep, and additional copies may be necessary.
Step 4: Put the amount of consideration being paid for the property. If none, put $0. Write the number out and put the numeral in parentheses, like this: “One thousand dollars ($1,000).”
Step 5: Put the grantor’s full name and address in the appropriate space. Be sure the form makes clear who is the grantor and who is the grantee.
Step 6: Put the grantee’s full name and address in the appropriate space (usually after language like “conveys to” or “quitclaims to”).
Step 7: Identify the county in which the property is located and put the property’s address and legal description. Be as specific as possible—use the parcel number, lot number, block number, or any other information you have available. If you need more space, it’s OK to attach a separate sheet.
Step 8: Next, the grantor(s) must sign the quitclaim deed in the presence of a notary public. The grantor should print his or her name and address below the signature. ,
Step 9: After the quitclaim deed has been signed and notarized, it must be delivered (along with any attachments) to the County Clerk’s Office or the Registrar of Deeds in the property in which the county is located. Each county has its own procedures, fees, and filing requirements, so it’s important to check out the county’s website before you submit the quitclaim deed.