What is a New York Quitclaim Deed?
A quitclaim deed in New York (NY) is a legal document that allows a property’s owner to transfer ownership of the property to a new owner, with no guarantee to the title. This is often done when moving property from one family member to another.
A New York quitclaim deed is different than a warranty deed because the quitclaim deed does not guarantee anything about the title. With a warranty deed, the title is cleared before the deed is signed.
Sometimes people in New York will call the quitclaim deed a “quit claim deed,” “quit claims deed,” or “quick claim deed,” but this is done in error. These terms all refer to the same type of deed.
Important Laws & Requirements
- Laws: Article 8 § 258 – Conveyances and Mortgages of Real Property
- Required Forms: Form TP-584 and RP-5217 (except NYC) or RP-5217-NYC (NYC)
- Signing: Article 9 § 306 – All quitclaim deeds in New York must be signed by the grantor in the presence of a notary public. The grantee does not need to sign.
- Recording: All NY quitclaim deeds must be filed in the County Clerk’s Office in the county where the property is located. Check this list of County Clerk’s Offices.
How to Write & File a Quitclaim Deed in New York
Step 1: Find the appropriate form and fill it out in its entirety.
Step 2: In the upper left hand corner of the first page, enter the recorder’s name and address. Underneath this, in the section titled “After Recording Return To”, enter the name and address of the person who will get the paperwork when the County Clerk’s Office is done with it. This is typically the buyer.
Step 3: On the first space of the deed under the main heading, list the county where the property is located.
Step 4: Write out the total amount paid for the property transfer in words, and then write it out numerically.
Step 5: List the full name, home address, and county of the seller, known as the Grantor in the document. Write the word “Grantor” after “in hand paid to” on the document. Grantor must be written in.
Step 6: List the name, home address, and county of the buyer, known as the Grantee. Write the term “Grantee” after the name.
Step 7: Write the property’s county, followed by “New York to-wit:”
Step 8: Create a detailed legal description of the property. Write this in a paragraph after “New York to-wit” and include the physical address of the property. Add the property’s county to this paragraph.
Step 9: On the second page, the Grantor will add their name, address, and signature, but this must be done in the presence of a notary. The notary will notarize the document below the Grantor’s signature.
Step 10: Fill out the appropriate tax form. For properties in New York City, use RP-5217-NYC. For other properties, use RP-5217.
Step 11: File the form with the county’s County Clerk Office. Pay any appropriate fees and taxes based on the county’s rules.
