Create a New Mexico Quit Claim Deed with our customizable template!
In the State of New Mexico, a quitclaim deed is a legal instrument used to convey real estate. This document transfers an owner's interest in a property to the new owner without any form of warranty or guarantees that the title is clear of any encumbrances.
These types of transactions are generally used between family members, such as to transfer community property held by spouses as joint tenants to separate property held by one spouse only. A quitclaim deed may also be used in cases of divorce where the interest in the property is transferred solely to one spouse or for estate planning purposes, such as transferring property into a living trust.
It is highly recommended that the buyer of the property conduct a thorough title search with a title company before the property transfer. This is to ensure that there is a clear title and there are no encumbrances on the property.
Suppose you would instead like to transfer property in a way that protects the new property owner. In that case, you should consider using another type of deed, such as a general warranty deed or a special warranty deed. If you are unsure about what type of deed to use, you should seek legal advice.
New Mexico quitclaim deed laws are codified at Section 47-1-30 of New Mexico Statutes.
Signing - According to New Mexico Law (Section 47-1-44), a Notary Public must witness the Grantor signing the quitclaim deed.
Recording - A quitclaim deed is a legal form that must be filed with the County Clerk's Office that is within the jurisdiction of the property.
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To write a New Mexico quitclaim deed form, you need to provide the following information:
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Once you have a completed, signed, and notarized New Mexico deed, you should file it with the New Mexico County Clerk in the county where the property is located.
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