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A quitclaim deed in the state of New Jersey is a legal document that transfers property from one party to the next. A quitclaim deed doesn't guarantee that the seller has the legal authority to sell the property. Instead, it ensures that the seller does not return later to claim an interest in the property.
This document is generally used by family members, such as to transfer property held by two spouses in a joint tenancy to a property held by one spouse as separate property. Whenever a party purchases real property by a quitclaim deed, it is highly recommended that the buyer conduct a thorough title search to ensure that the title of the property they are purchasing is clear.
If you instead want a deed that transfers ownership in a way that protects the new owner, you should instead use a different type of deed, such as a general warranty deed or a special warranty deed.
New Jersey Quit Claim Deed Laws are codified at N.J.S.A. 46 § 5-1.
Signing - According to New Jersey law, the quitclaim deed must be signed by the seller of the property in the presence of a Notary Public.
Recording - All New Jersey deeds that have been notarized should be filed with the County Clerk’s Office within the jurisdiction that the property falls under.
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To write a New Jersey quitclaim deed form, you will need to provide the following information:
If the transfer of property is exempt from transfer taxes, the deed must include an explanation. (See N.J.S.A. 46:15-5 et seq.). If the property transfer is exempt, the parties should also complete an Affidavit of Consideration.
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Once you have a completed and notarized quitclaim deed, you should bring it to the New Jersey County Clerk or Registrar of Deeds in the county where the property is located.
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