New Hampshire Quit Claim Deed Form
A New Hampshire Quit Claim Deed is a legal form that allows for uncomplicated property transfers to be processed in the quickest possible manner. In order to make use of this efficient and cost-effective legal instrument, the title of the property should already be clear to the Grantee (the individual receiving the property). This is because Quit Claim Deeds are absent of any title guarantees on behalf of the Grantor (the individual handing over their property interest to the Grantee). Thus, it is most commonly used in situations in which the Grantor and Grantee are already acquainted on more than a superficial level, such as the transfer of property by way of a divorce settlement, through a will, or a gift from one family member or spouse to another.
Laws (§ 477:28): New Hampshire Revised Statutes, Title XLVII: “Conveyances and Mortgages of Realty,” Chapter 477, “Conveyances or Realty and Interests Therein”
Co-ownership of the property (§ 477:18): If two (2) individuals, such as a married couple, wish to become co-owners of the property, the conveyance will be considered to be an estate in common. That is, unless the Quit Claim Deed clearly states that a joint tenancy is desired.
Encumbrances (§ 480:5-a): In cases where the property owner is married, they must execute the Quit Claim Deed with their spouse, or the Deed will not “convey or encumber the homestead right.”
Statutory Form of a New Hampshire Quit Claim Deed (§ 477:28): State law offers the following framework for how the contents of a New Hampshire Quit Claim Deed may appear like:
“__________, of __________ County, State of __________, for consideration paid, grant to __________, (complete mailing address) __________, of __________ Street, Town (City) of __________ County, State of __________, with quitclaim covenants, the __________ (Description of land or interest therein being conveyed: incumbrances, exceptions, reservations, if any) __________, (wife) (husband) of said grantor, release to said grantee all rights of homestead and other interests therein.”
Grantee’s address (§ 477:3): It is a legal requirement for the form to state the Grantee’s address.
Signing requirements (§ 477:3): All New Hampshire Quit Claim Deeds must be signed by the Grantor. He or she must acknowledge the form before one (1) of the following three (3) qualified individuals:
- A justice,
- A Notary Public, or
- A commissioner.
How to file a Quit Claim Deed in New Hampshire (§ 477:3-a): To put a New Hampshire Quit Claim Deed into effect, the following actions must be completed:
- The New Hampshire Quit Claim Deed is filed with the Registry of Deeds in the same county jurisdiction as where the real estate is situated,
- Recording fees are paid (as set out in § 478:17-g), and
- Form PA-34 is filed by the Grantee within the set time period (as explained below).
While there is no set time period for a Quit Claim Deed to be recorded, it is highly recommended that the recording is made immediately after the form is completed. This is the recommended course of action because New Hampshire follows a type of recording statute called a “notice recording statute.”
State law thus requires all property owners to provide notice of their conveyance to would-be purchasers of the property by recording their Deed. If the Deed remains unrecorded, it is entirely possible that at some point in the future, an individual, upon seeing that there is no existing conveyance recorded, purchases the same property.
Due to the protections New Hampshire’s notice recording statute provides a purchaser in such a situation, they will be granted ownership of the property over the other party who did not follow through on the recording requirement.
Supplementary form for filing: It is mandatory for the Grantee of any New Hampshire Quit Claim Deed to file an Inventory of Property Transfer (Form PA-34). The Grantee has a maximum of thirty (30) days from when the Quit Claim Deed is recorded at the Register of Deeds or thirty (30) days from the date of the transfer (whichever is later) to file the form with the New Hampshire Department of Revenue Administration.