New Mexico Quit Claim Deed Form

The New Mexico Quit Claim Deed, also named a Non-Warranty Deed, is a legally-binding contract that meets state law guidelines for a Grantor to “quit” their claim to any interest they have in a property—sans any warranties or guarantees—so that a Grantee can come into possession of such interest. As it is primarily drawn up between one family member who wishes to gift property to another, the amount of consideration is usually a nominal amount, such as one dollar ($1.00). Other typical Grantee-Grantor relationships include a spouse to a spouse or an ex-spouse to an ex-spouse.

Laws – (Section 47-1-30): New Mexico Statutes, Chapter 47: “Property Law,” Article 1: “Conveyances and General Provisions”

Clarification of terms (Section 47-1-30): This section clarifies that a Quit Claim Deed executed in New Mexico will have:

“…The force and effect of a deed in fee simple to the Grantee, his heirs and assigns, to his and their own use of any interest the grantor owns in the premises, without warranty.”

Section 47-1-33 further clarifies that a Deed will be viewed in the eyes of the law as a conveyance in fee simple, unless there is a statement to the contrary in the Deed.

Community property (Section 40-3-12): The property will be legally deemed as “community property” if it was acquired by either spouse in the duration of their marriage.

Conveyances involving aliens (Section 45-2-111): Aliens have the right to transfer property to other individuals, whether they are citizens or also aliens.

Description of the property (Section 47-1-46): State law allows for the property to be described in the Deed in a number of ways including one (1) or more:

  • Maps,
  • Plats,
  • Descriptions,
  • Deeds,
  • Mortgages, or
  • Other instruments of record in the Office of the County Clerk where the property is situated.

Form of the New Mexico Quit Claim Deed (Section 47-1-44(3)): Section 47-1-44(3) of the New Mexico Statutes provides a statutory form for a New Mexico Quit Claim Deed. The form highlights the basic structure of this legal instrument, as shown below:

“………, for consideration paid, quitclaim  ……… to  ………, whose address is  ………, the following described real estate in  ……… county, New Mexico:  (description)

Witness  ……… hand  …… and seal  …… this  …… day of  ……., 19  …   ……… (Seal)   (Here add acknowledgment(s))”

Joint tenants (Section 47-1-35): Any Quit Claim Deed that designates two (2) or more Grantees “as joint tenants” will establish the tenants as joint tenants, rather than tenants in common.

Section 47-1-44(4) of the New Mexico Statutes provides a statutory form for a New Mexico Quit Claim Deed for joint tenants, as shown below:

“………, for consideration paid quitclaim  ……… to  ……., whose address is  ………, and  ………, whose address is  ……., as joint tenants the following described real estate in  ……… county, New Mexico:   (description)

Witness  ……… hand  …… and seal  …… this  …… day of  ……., 19  …   ……… (Seal)   (Here add acknowledgment(s))”

Signing requirements (Section 47-1-5, Section 47-1-44, and Section 14-8-4): It is established by state law that all New Mexico Quit Claim Deeds require the acknowledgment of a qualified officer who is legally empowered to take acknowledgments.

How to file a Quit Claim Deed in New Mexico (Section 14-9-1): In accordance with state law, the New Mexico Quit Claim Deed must be filed and recorded in the Office (or Offices) of the County Clerk of the county (or counties) where the property is located. The person filing the form will need to take care of any fees the county clerk charges for the act of recording it. He or she may also need to file an additional form, as stated in the “Additional form” section below.

An unrecorded Deed can have severe implications for both parties, particularly the Grantee. Section 14-9-3 outlines why; New Mexico recognizes what is known as a “notice recording statute.” As such, if a bona fide purchaser records a conveyance on the grounds that there is no other active conveyance evident in the county clerk’s records, their title or rights will not be affected. Consequently, their title or rights to the property will endure, and any title or rights of an unrecorded conveyance will terminate.

This is because according to New Mexico’s notice recording statute, recording a Deed gives notice of the conveyance to any other interested parties. To quote Section 14-9-2:

“Such records shall be notice to all the world of the existence and contents of the instruments so recorded from the time of recording.”

Additional form (Section 7-38-12.1): Due to property tax related requirements, the transferor (i.e., the Grantor), the transferee (i.e., the Grantee), or either of their respective agents may be required to file an affidavit with the county assessor. The affidavit must be completed, signed, and filed within thirty (30) days of when the Quit Claim Deed is filed.

The affidavit must state the following information:

  • The Grantor and Grantee’s complete names,
  • The Grantor and Grantee’s current mailing addresses,
  • The property’s legal description (the same one provided in the Quit Claim Deed),
  • The full consideration, and
  • The value and a description of personal property included in the sale price (if applicable).

The filer may use the Residential Property Transfer Declaration Affidavit form provided by the New Mexico Taxation & Revenue Department to fulfill this requirement.

There are some exceptions to filing the affidavit apply, which are noted in Section 7-38-12.1(D).

Sample Template