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 or divest one’s interest in a property in a divorce proceeding.
A quitclaim deed differs 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 whatever rights the grantor has in the property, if any. 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
The following are important laws and requirements for New Jersey quitclaim deeds.
New Jersey Revised Statutes §§ 46:5-1 to 46:5-6
If the quitclaim deed includes the words “release,” “remise, 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 New Jersey Revised Statutes § 46:5-1.
The grantor(s) must sign the document before a notary public, who will notarize it. See New Jersey Revised Statutes § 46:14-2.1.
The completed quitclaim deed must be filed at the County Clerk’s Office in the county where the real estate is located.
Realty Transfer Tax
See New Jersey Revised Statutes § 46:15-7. The New Jersey Treasury, Division of Taxation imposes a Realty Transfer Fee (RTF) on the seller for recording a deed.
The RTF is based on the amount of consideration stated on the deed. There are exemptions to the RTF under New Jersey Revised Statutes § 46:15-10, such as where the consideration is less than $100.
Additional Documents (if applicable):
If an exemption to the Realty Transfer Tax is claimed, an Affidavit of Consideration for Use by Seller (Form RTF-1) must be filed with the deed.
If the consideration for the transfer is more than $1,000,000, an Affidavit of Consideration for Use by Buyer (Form RTF-1EE) is required to be filed with the deed.
Nonresident sellers must pay estimated gross income tax and file a Nonresident Seller’s Tax Declaration (Form GIT/REP-1) unless exemptions apply.
How to Write & File a Quitclaim Deed in New Jersey
Take the following steps to write and file a New Jersey quitclaim deed.
Step 1 – Understand All Terms on the Form
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 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 – Enter Preparer’s Details
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 – Write ‘Return To’ Name and Address
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 – Note Consideration
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 – Fill in Grantor Details
Put the grantor’s full name and address in the appropriate space. Be sure the form clarifies who is the grantor and the grantee.
Step 6 – Enter Grantee Information
Put the grantee’s full name and address in the appropriate space.
Step 7 – Note Legal Description
Identify the county where the property is located and put the property’s address and legal description. Be as specific as possible—use the parcel number, tax block, lot number, qualifier from the tax map, or any other available information. If you need more space, attaching a separate sheet is OK.
Step 8 – Get Quitclaim Deed Notarized
Next, the grantor(s) must sign the quitclaim deed in the presence of a notary public. The grantor should print his or her name below the signature.
Step 9 – Record Deed with County Clerk’s Office
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’s county. Each county has its procedures, recording fees, and filing requirements, so it’s important to check the county’s website before submitting the quitclaim deed.
New Jersey Quitclaim Deed Sample
Below, you can find what a New Jersey quitclaim deed typically looks like: