New Jersey Quit Claim Deed Form
The New Jersey Quit Claim Deed is a valid legal document that upon filing at the state Recording Office, puts into law an arrangement for interest in a property to flow from one party to another. Basic information about the two parties involved (called the “Grantor” and “Grantee” respectively), as well as other pieces of information mandated by state law about the property and the arrangement itself, must be clearly stated in the form. Only once all required sections have been completed should it must be signed, acknowledged, and recorded. The form serves a multitude of uses, from clearing a title defect to gifting real estate to adding a new party to a property title.
Laws: 2018 New Jersey Revised Statutes, Title 46: “Property”
N.B. The New Jersey Revised Statutes have been updated multiple times in recent years. The laws were last updated in 2018, meaning that these represent the latest version of the laws that should be referred to.
New construction (§ 46:15-6): It is a requirement for the words “NEW CONSTRUCTION” to be printed at the top of the first page of the Quit Claim Deed in upper case letters in cases where a new construction is involved in the property transfer. Further to this, the Grantor must create and subsequently append an affidavit to the Deed that states this fact.
Prerequisites for recording (§ 46:26A-3): Certain prerequisites must be attended to in order for a Quit Claim Deed to be recorded. These prerequisites include:
- The name of the preparer of the Deed (i.e., the Grantor or their attorney),
- The address of the Grantee,
- A reference to the property’s lot and block number “as designated on the tax map of the municipality at the time of the conveyance or the account number of the real property,” and
- The names of the Grantor and the officer who the Grantor must appear before (as stated in the “Signing Requirements” section below).
Word usage (Chapter 5: § 46:5-1 to § 46:5-9): When creating a Quit Claim Deed form, it is integral that the correct language associated with this type of Deed is used to describe the conveyance. Equally important is the need for certain language not relevant to this type of Deed to be avoided. The effect of using or avoiding particular words is outlined in Title 46, Chapter 5 of the New Jersey Revised Statutes.
Written consent of both parties (§ 46:3-17.4): Written consent from both parties is required in order to “sever, alienate, or otherwise affect” the tenancy by entirety during the marriage or upon separation.
Signing requirements (§ 46:14-2.1 and § 46:14-6.1): The Grantor must acknowledge the New Jersey Quit Claim Deed before an officer listed in § 46:14-6.1. One (1) subscribing witness must also appear before the officer and swear that they witnessed the Grantor sign the form of their own volition.
The officer must sign a certificate which attests to the legitimacy of the arrangement, among other statements. The requirements of the certificate are noted in § 46:14-2.1(c).
How to file a Quit Claim Deed in New Jersey (§ 46:26A-1): Recording a New Jersey Quit Claim Deed in the permanent records of a state Recording Office located in the same county as the property is a state law requirement. In line with § 46:15-6, it is also a requirement for the filer to pay any fees that come about with the recording of the Deed.
Per § 46:26A-12, New Jersey abides by a “race-notice recording statute.” Hence, recording the Quit Claim Deed as soon as possible is vital, as it serves as evidence that the filer has given due notice to any future bona fide purchasers of the same real estate that they already own the real estate. Should they fail to make such a recording, the law will rule in favor of any bona fide purchaser of the real estate who records their conveyance.