New Jersey Quitclaim Deed Overview
In New Jersey, quitclaim deeds are a recognized legal instrument for transferring whatever property interest the grantor holds to the grantee without any warranty of title. New Jersey law allows quitclaim deeds to be used for a variety of purposes, including transfers between family members, property divisions during divorce, transfers to living trusts and LLCs, and correcting title defects. The deed must be properly executed, notarized, and recorded with the county recorder in the county where the property is located to provide constructive notice of the transfer.
New Jersey imposes a transfer tax on real property conveyances, which applies to most quitclaim deed transfers where consideration is paid. The rate is $2-$6.05 per $1,000 (graduated), though certain transfers may qualify for exemptions. Understanding New Jersey's specific recording requirements, transfer tax rules, and exemptions is essential for ensuring your quitclaim deed is properly filed and you do not overpay on taxes. New Jersey recording fees start at $65+ (county clerk).
$65+
Recording fee
$2-$6.05
Transfer tax
Required
Notarization
0
Witnesses required
New Jersey Recording Requirements
New Jersey has specific requirements for recording quitclaim deeds. Meeting these requirements ensures your deed is accepted by the county recorder and provides proper legal notice of the property transfer.
New Jersey Specific Note
New Jersey has a graduated Realty Transfer Fee that ranges from $2 to $6.05 per $1,000 depending on the sale price. Properties over $1 million have an additional 1% mansion tax. A GIT/REP form (non-resident seller withholding) or a seller's exemption must be filed. A RTF-1 (Realty Transfer Fee form) and an Affidavit of Consideration are required for all recordings. Certain family transfers and trust transfers qualify for reduced fees.
Document Requirements
- Notarization: The grantor's signature must be notarized by a New Jersey notary public or a notary authorized in the state where the deed is signed
- Witnesses: New Jersey requires 0 witness(es) for quitclaim deed recording
- Legal Description: Must include the complete legal description of the property as it appears on the current deed of record or county assessor records
- Parcel Number: The assessor's parcel number (APN) or tax ID number must be included on the deed
- Return Address: A mailing address for returning the recorded deed must appear on the first page
- Formatting: New Jersey requires standard document formatting with adequate margins for recording stamps, black ink, and minimum 10-point font
How to File a Quitclaim Deed in New Jersey
Filing a quitclaim deed in New Jersey involves preparing the document, getting it notarized, and recording it with the appropriate county office. Follow these steps for a smooth process.
Prepare the Quitclaim Deed
Complete all required fields including grantor and grantee names, the property's complete legal description, parcel number, and consideration amount. Ensure the deed meets New Jersey's formatting requirements
Get the Deed Notarized
The grantor must sign before a notary public with a valid government-issued photo ID. New Jersey does not require additional witnesses beyond the notary
File With the County recorder
Take the notarized deed to the county recorder in the county where the property is located. Some New Jersey counties accept e-recording for faster processing
Pay Recording Fees and Transfer Taxes
Pay the recording fee ($65+ (county clerk)) and any applicable transfer tax ($2-$6.05 per $1,000 (graduated)). Bring payment in a form accepted by the county recorder
Notify Relevant Parties
Inform your mortgage lender, title insurance company, homeowners insurance provider, and the county tax assessor of the ownership change
New Jersey Tax Implications
New Jersey imposes a transfer tax of $2-$6.05 per $1,000 (graduated) on real property conveyances. This tax applies when the deed is recorded and is based on the consideration paid. Several types of transfers may be exempt from the transfer tax, including transfers between spouses, transfers pursuant to divorce decrees, and transfers to trusts where the grantor is the beneficiary. Be sure to check whether your specific transfer qualifies for an exemption.
Regardless of New Jersey's transfer tax rules, federal gift tax implications apply when property is transferred without fair market value consideration. If the value of the gifted property exceeds the annual gift tax exclusion ($18,000 per recipient in 2024), the grantor must file IRS Form 709. The grantee receives the grantor's cost basis rather than a stepped-up basis, which can result in significant capital gains tax when the property is eventually sold.
Property tax reassessment rules vary across New Jersey. Some counties reassess property values upon a change of ownership, while others follow a regular assessment cycle. Contact your local county assessor to understand how the transfer will affect your property tax assessment and whether any homestead or other exemptions need to be re-applied for by the new owner.
New Jersey Quitclaim Deed Fees & Costs
Below is a breakdown of the typical costs associated with filing a quitclaim deed in New Jersey. Actual fees may vary by county.
| Fee / Tax | Amount |
|---|---|
| Recording Fee | $65+ (county clerk) |
| Transfer Tax / Documentary Stamps | $2-$6.05 per $1,000 (graduated) |
| Notarization | $5 - $25 per signature |
| Certified Copy | $1 - $5 per page |
| Attorney Review (optional) | $150 - $500 |
Sample New Jersey Quitclaim Deed
Below is a preview of our New Jersey-specific quitclaim deed. Your customized document will include all fields and declarations required for recording in any New Jersey county.
QUITCLAIM DEED
STATE OF NEW JERSEY
Property Transfer Without Warranty
GRANTOR:
Name: [Full Legal Name]
Address: [New Jersey Address]
County: [County]
GRANTEE:
Name: [Full Legal Name]
Address: [Mailing Address]
Vesting: [Tenancy Type]
PROPERTY DESCRIPTION
County: [County] State: New Jersey
Legal Description: [Per Recorded Plat]
Parcel No.: [APN]
Consideration: $[Amount]
New Jersey Quitclaim Deed FAQ
Answers to common questions about filing a quitclaim deed in New Jersey, including recording requirements, fees, and tax implications.
Official New Jersey Resources
Use these official state resources to verify recording requirements, find your county recorder office, and access government forms for your New Jersey property transfer.
New Jersey County Clerks
Official recording office and deed requirements
NJ Treasury - Realty Transfer Fee
Transfer tax rates, exemptions, and property tax information
IRS Gift Tax Information
Federal gift tax rules for property transfers
American Land Title Association (ALTA)
Title insurance standards and find a title company
Related New Jersey Documents
Depending on your property transfer situation, you may need additional documents alongside your New Jersey quitclaim deed.
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