In New York, quitclaim deeds are used to transfer property, usually between family members or other closely related parties. To write a legally binding quitclaim deed in New York, people must:
- Use specific language noted by New York laws
- Include a proper legal description of the property
- Sign in front of a notary public that acknowledges the signature
- Fill out the accompanying tax forms
- File all forms at the county clerk’s office with jurisdiction over the property
Learn the details of all New York quitclaim deed requirements to create a proper deed.
Legal Framework
The Consolidated Laws of New York (CLNY) Ch. 50 Art. 8 and Art. 9 cover all laws surrounding quitclaim deeds in New York. Regulations specific to New York quitclaim deeds include particular language and formatting requirements in the document’s body.
Legal Description
A legal description of the property being transferred in New York should:
- Match the description of previous deeds
- Include the map and plat number
- Have the surveyor’s description
- Note the lot number and street address
A previous deed may only contain the development lot number and have the legal description attached as an exhibit. Be sure your quitclaim deed has the entire description.
Signing
In order to be valid, a New York quitclaim deed must be signed by the following parties:
- The person giving the property, or the grantor
- A notary public, who attaches a jurat or acknowledgment to certify the signature
The person or entity receiving the property, or grantee, does not have to sign. Also, no witnesses are required (CLNY Ch. 50 Art. 9 § 306).
Terminology
New York law sets out very specific language requirements for quitclaim deeds. The model template included in CLNY Ch. 50 Art. 8 § 258 Sched. G reads:
This indenture, made the ……. day of ……….., two thousand and ………., between ……………, (insert residence), party of the first part, and ………….., (insert residence), party of the second part:
Witnesseth, that the party of the first part, in consideration of ………… dollars, lawful money of the United States, paid by the party of the second part, does hereby remise, release, and quitclaim unto the party of the second part, …………… and assigns forever, all (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.
To have and to hold the premises herein granted unto the party of the second part, ………… and assigns forever.
In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.
In presence of: (notary name)
For a corporation (discussed in Sched. H), the suggested format and language is similar, except it ends in the following: “In witness whereof, the party of the first part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officer the day and year first above written.”
While using this language is guaranteed to be lawful, this section does not prevent or invalidate the use of other forms. No matter what form or language is used, make sure the printed grantor name exactly matches the name in your signature, or the document may be invalid.
Additional Documents
New York quitclaim deed laws require you to file several documents alongside the deed itself, including:
- New York State Counties: Real Property Transfer Report (Form RP-5217) and Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax (Form TP-584)
- New York City Only (Bronx, Brooklyn, Manhattan, Queens, Staten Island): Real Property Transfer Report (Form RP-5217NYC) and Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax for the Conveyance of Real Property Located in New York City (Form TP-584-NYC)
Filing
To file a New York quitclaim deed properly:
- File the deed and all related forms at the New York county clerk’s office where the property is located (CLNY Ch. 50 Art. 9 § 291).
- In most counties, you must pay a nominal recording or filing fee, usually per page. These fees are posted on the county website.
Validity Requirements
In New York, to be considered valid, quitclaim deeds:
- Must be in writing
- Must conform to the requirements of the appropriate county or city
- Must be signed by the grantor, where the name used in the signature exactly matches the printed name of the grantor
- Must be notarized
- Must be accompanied by the proper additional forms
Content Requirements
In the content portion of a quitclaim deed for New York, grantors must list:
- The date the document was signed, is considered the effective date
- The grantor’s name and mailing address
- The grantee’s name and mailing address
- The amount of money, if any, to be exchanged or a nominal (symbolic) small amount in its place
- The legal description of the property included in the previous deed
- The name of the notary acknowledging the document
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | When two parties who know each other, like family members, exchange property in New York, they may use a quitclaim deed. Using a quitclaim deed in a stranger exchange of property is risky, as it does not protect the grantee from any problems with the title like financial issues associated with it or inaccuracies. |
| Grant Deed | Grant deeds offer a bit more protection to grantees, as they protect against two potential issues. Number one, the grantor could not have transferred the property to someone else previously. Number two, the current owner could not have racked up any debts or legal claims affecting the transfer of the property. |
| Warranty Deed | New York warranty deeds come in two types — general warranty deeds and specialty warranty deeds. General warranties offer maximum protection to grantees by warranting against all title defects from the property's beginning. Specialty warranties only cover defects caused by the grantor during their ownership. |
| Title Insurance | In New York, title insurance protects property owners against any unknown defects in the title at the time of transfer. For owner's, title insurance policies can cover up to the full original sales price of the property. The grantees of a quitclaim deed may purchase a title insurance policy from the grantor. |
| Estate Planning Deeds | Transfer on death deeds (TODDs), while commonly used in other states for estate planning, are not permissible in New York. Instead, New Yorkers use a "life estate deed" to reserve a "life estate." This means that the grantor deeds the property to the grantee while maintaining their right to occupy the property until death. |
| Co-ownership | In New York, you can hold property with a co-owner in three ways. A tenancy by the entirety allows spouses to co-own a property as one entity. A joint tenancy means two people co-own a property with equal rights and obligations. Tenants in common are two or more parties sharing property ownership in equal or different amounts. |
