How do I file a quitclaim deed in New Jersey?

1. Quitclaim vs Warranty Deed

New Jersey quitclaim (sometimes called a "release deed") conveys the grantor's interest without warranties. A bargain-and-sale deed with covenants vs. grantor's acts is the most common NJ form; a full warranty deed (rare in NJ) carries all six covenants.

2. Common Uses

Divorce, interspousal transfers, gifts among family, trust funding, removing an ex-spouse, clearing potential heir interests.

3. Execution Formalities

N.J.S.A. 46:14-2.1 requires the grantor's signature acknowledged before a notary. No subscribing witnesses required.

4. Required Contents

Grantor and grantee names with addresses, legal description with lot/block/qualifier per municipal tax map, words of conveyance ("does hereby remise, release, and quitclaim"), consideration recital. The deed must include a prepared-by block and a return-to address.

5. Recording

County Clerk (in most counties) or Register of Deeds & Mortgages (Bergen, Essex, Hudson, Passaic, Union) where the land sits (N.J.S.A. 46:26A-3). Recording fees: $30 first page + $10 per additional page (varies slightly). An Affidavit of Consideration (RTF-1) accompanies the filing.

6. Transfer Tax

NJ Realty Transfer Fee (RTF) — N.J.S.A. 46:15-7 — graduated from about $2 per $500 up to $6.05 per $500 on high-value properties, plus a mansion tax of 1% on residential sales over $1M. Exemptions for transfers between spouses, parent-child, gifts, and trust transfers (N.J.S.A. 46:15-10).

7. Title Insurance Limits

NJ title insurers typically won't insure based on a recent quitclaim without curative review.

8. Pitfalls

Quitclaim doesn't release the grantor from mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.

9. Special Local Rules

NJ tenancy by entirety: spousal interests must be conveyed by both spouses or via specific divorce decree.

This is legal information, not legal advice.