In New Jersey, quitclaim deeds are used to transfer property from the owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but offer the lowest security among real estate deeds in New Jersey.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
The main difference between quitclaim deeds and warranty deeds in New Jersey is that quitclaim deeds provide less protection to the new owner. Warranty deeds provide strong legal protection. With a quitclaim deed in New Jersey, the Grantor confirms that they truly own the property and they have the right to transfer it. For this reason, warranty deeds are the preferred choice for real estate transactions in New Jersey. Quitclaim deeds on the other hand are mostly used among family and friends. Read more
In New Jersey, most laws surrounding quitclaim deeds are found in Title 46 of the state’s property statutes. A quitclaim deed in New Jersey must include the terms “remise, release and forever quitclaim unto the said grantee” or “the grantor does grant and release to the said grantee.” [1] The deed must specify that the Grantor is giving up any interest in the property to the Grantee. Once prepared, the quitclaim deed must be filed with the County Clerk’s Office . [2]
You can prepare your own quitclaim deed in New Jersey. A professional drafter is not legally required. However, if someone prepares the deed, their name must be included at the top of the first page under “Prepared by.” [3]
There are multiple requirements for formatting and content that need to be included in a quitclaim deed in New Jersey.
Content requirements for quitclaim deeds in New Jersey include:
The Grantor must sign the quitclaim deed and their name must be printed directly below the signature. A witness, often the notary or attorney, must also sign for acknowledgment and proof. [10]
If the Grantor is married and the property is the principal residence, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
Here’s how to file a quitclaim deed in New Jersey:
4. Some counties in New Jersey may require a cover sheet [11]
5. Complete and attach the New Jersey Gross Income Tax Requirement (GIT/REP) for transfers/sales of Real Property forms.
The filing fees for a quitclaim deed in New Jersey vary by county. Typically, it costs $30 to $40 for the first page and an additional $10 for each additional page. [12]
In New Jersey, the transfer of a property through a quitclaim deed can trigger the following taxes:
2. Gross Income Tax Declaration. [16]
Finally, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
The time it takes to record a quitclaim deed in New Jersey depends on the processes, procedures, and population of each county. It can take anywhere from a few days to a few weeks.
Once the quitclaim deed is signed and filed, the county will process the document.
If the deed is clear of any previous filings, the transfer of the property’s ownership will be made official.
There is no expiration for quitclaim deeds in New Jersey. However, the statute of limitations for challenging a deed in New Jersey is 6 years. [17]
“ Whenever, in any deed heretofore or hereafter executed and recorded, there shall have been or may be used the words “the grantor releases to the said grantee” , or the words “the grantor does remise, release and forever quitclaim unto the said grantee” , or the words “the grantor does grant and release to the said grantee”..
a. The county recording officer shall record any document or map affecting the title to real property located in the county, delivered for recording, provided the document:
Prerequisites for recording. (c) includes the name of the person who prepared the deed..
To be accepted for recording, a document or its image shall be either: (1) legibly printed on paper no larger than 81/2 inches by 14 inches..
The nature of the document;
a description of the real estate sufficient to identify it, the nature of the interest, the fact of the transfer and the identity of the transferor and the transferee are established in a writing signed by or on behalf of the transferor; or
includes a reference to the lot and block number of the real property conveyed as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property.
The document is in English or accompanied by a translation into English;
If the transfer is subject to any fee established under section 3 of P.L.1968, c.49 (C.46:15-7) or section 2 of P.L.2003, c.113 (C.46:15-7.1), a statement of the true consideration for the transfer shall be contained in the deed
(3) the document (including a corrected document submitted for re-recording) is acknowledged or proved as provided by Title 46 of the Revised Statutes;
b. A document or its image accepted for recording may be accompanied by a cover sheet or an electronic synopsis separate from the document or integrated with the document.
County clerks and registers of deeds and mortgages, in counties having such offices, shall charge for the services herein enumerated the following fees… For recording any instrument: First page $30.00; Each additional page or part thereof $10.00..
i) NJ Division of Taxation – Rates, Standard Transactions and New Construction. Total Consideration not Over $350,000
ii) Fee Schedule – Realty Transfer Fee Consideration in excess of $350,000
Exemptions from realty transfer fee. The fee imposed by this act shall not apply to a deed..
Definitions relative to payment of estimated gross income tax on real property sales by nonresidents.
Every action at law for trespass to real property.. agents and servants, shall be commenced within 6 years next after the cause of any such action shall have accrued.
