How do I file a quitclaim deed in New York?

1. Quitclaim vs Warranty Deed

A New York quitclaim (RPL § 258, Schedule M) conveys only the grantor's interest with no covenants. A bargain-and-sale deed with covenants against grantor's acts (the most common NY form) adds one limited covenant; a full warranty deed adds the six common-law covenants.

2. Common Uses

Divorce, interspousal transfers, gifts to children, trust funding, removing an ex-spouse or estranged heir, correcting a misspelled name.

3. Execution Formalities

Grantor signature acknowledged by a NY notary (RPL § 309-a for in-state; § 309-b for out-of-state). No subscribing witnesses required.

4. Required Contents

Grantor and grantee names and addresses, legal description (metes and bounds or referenced filed map), section/block/lot in NYC, words of conveyance ("does hereby remise, release, and quitclaim"), and consideration.

5. Recording

County Clerk in the county where the land sits, or for the five boroughs of NYC, the City Register via ACRIS (RPL § 291). Recording fees around $45 plus $5 per page. Form TP-584 (Combined Real Estate Transfer Tax Return) and RP-5217 are required at recording.

6. Transfer Tax

NY state transfer tax: $2 per $500 of consideration (Tax Law § 1402). NYC RPTT adds 1-2.625% depending on price and use. Gifts (no consideration) are exempt from the state tax but must still file TP-584.

7. Title Insurance Limits

NY title insurers typically refuse to insure pure quitclaims without further review.

8. Pitfalls

Quitclaim does NOT release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) protects many family transfers.

9. Special Local Rules

NYC: ACRIS e-recording is mandatory; payment of RPTT (NYC-RPT) and state transfer tax must accompany the deed package.

This is legal information, not legal advice.