New Hampshire Quitclaim Deed
A New Hampshire quit claim deed records with the county registry of deeds and carries RSA 477:28 quitclaim covenants, not a full warranty. Attorney review available.
Introduction
A quitclaim deed transfers whatever ownership interest the person signing it has in a piece of real property to someone else. In most states a quitclaim makes no promise at all that the title is good or that the grantor owns anything, which is what sets it apart from a warranty deed that guarantees clear title. New Hampshire is different in one important way: the statutory quitclaim deed at RSA 477:28 conveys 'with quitclaim covenants,' a limited set of promises that run only against the grantor's own acts. The grantor is the person giving up the interest and the grantee is the one receiving it. Those quitclaim covenants say the grantor made no encumbrances except as stated and will defend the title against anyone claiming by, through, or under the grantor, but against none other. They do not cover title problems that existed before the grantor owned the property. To be valid the grantor signs the deed and acknowledges it before a notary public, justice, or commissioner, and the deed shows the grantee's mailing address (RSA 477:3). You then record it with the county registry of deeds where the land lies (RSA 477:3-a). Attorney review is available as an option before you sign.
Key Things to Know
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A quitclaim deed transfers only the interest the grantor actually holds and passes it to the grantee. New Hampshire's statutory version carries limited quitclaim covenants rather than the full warranty of title a warranty deed gives.
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New Hampshire has a statutory quitclaim deed form at RSA 477:28, and it is a New England-style quitclaim that conveys 'with quitclaim covenants.' Those covenants are limited: the grantor promises only that they made no encumbrances except as stated and will defend the title against persons claiming by, through, or under the grantor, but against none other. They do not cover defects that predate the grantor's ownership, so this is not the bare no-warranty release used in many other states.
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Sign and acknowledge the deed before a notary. RSA 477:3 requires the grantor to sign the deed and acknowledge it before a notary public, justice, or commissioner, and the deed must show the grantee's mailing address. Acknowledgment means the grantor confirms the signature before that officer.
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No witnesses are required. New Hampshire law does not require witnesses to sign a deed; the notarial acknowledgment is the operative formality (RSA 477:3).
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Record it with the county registry of deeds. Under RSA 477:3-a a New Hampshire deed is recorded at the registry of deeds for the county where the real estate lies, and it is not effective against a later good-faith purchaser for value until it is recorded.
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New Hampshire charges a Real Estate Transfer Tax of $0.75 per $100 of the price or consideration, imposed on both the buyer and the seller, for $1.50 per $100 combined, with a $20 minimum from each party (RSA 78-B). Both parties also file a Declaration of Consideration (Form CD-57) with the Department of Revenue Administration within 30 days of recording.
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If the property is a homestead, the owner's spouse must join in the deed to release the homestead right (RSA 480:5-a), and the RSA 477:28 form has a built-in line for the spouse to release homestead and other interests. People commonly use a quit claim deed to add or remove a spouse after a marriage or divorce, or to move a home into a trust.
Key decisions before you file
Before you file a Quitclaim Deed in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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New Hampshire Requirements for Quitclaim Deed
New Hampshire provides a statutory quitclaim deed form at RSA 477:28. A deed that in substance follows this form has full statutory force. It uses the operative words 'with quitclaim covenants' and includes a built-in line for the grantor's spouse to release homestead and other interests. This is a New England-style quitclaim, not a bare no-covenant release.
Under RSA 477:28 the quitclaim covenants are limited. The grantor promises only that the premises are free from encumbrances the grantor made, except as stated, and will warrant and defend the title against persons claiming by, through, or under the grantor, but against none other. The covenants do not cover title defects that predate the grantor's ownership, so this is not a full warranty of title.
RSA 477:3 requires the grantor to sign the deed and acknowledge it before a justice, notary public, or commissioner. Acknowledgment means the grantor confirms the signature before that officer, and it is what makes the deed recordable.
New Hampshire does not require witnesses to a deed. RSA 477:3 calls for the grantor's signature and acknowledgment only, and RSA 477:7 validates properly acknowledged and recorded deeds even though not attested by witnesses. Notarial acknowledgment, not witnesses, is the operative formality.
RSA 477:3 requires a New Hampshire deed to show the mailing address of the grantee, the person receiving the interest. Include it on the face of the deed so the registry of deeds will accept the document for recording.
Record the signed, acknowledged deed with the registry of deeds for the county where the real estate lies (RSA 477:3-a). Until it is recorded, the deed is not effective against a later good-faith purchaser for value, so recording promptly protects the grantee.
New Hampshire imposes a Real Estate Transfer Tax of $0.75 per $100 of the price or consideration on both the buyer and the seller (RSA 78-B:1; RSA 78-B:4, III), for $1.50 per $100 combined, with a $20 minimum from each party. Both sides file a Declaration of Consideration (Form CD-57-P for the buyer, CD-57-S for the seller) with the Department of Revenue Administration within 30 days of recording (RSA 78-B:10).
To convey or encumber a homestead, RSA 480:5-a requires the deed to be executed by both the owner and the owner's spouse, if any. The RSA 477:28 statutory quitclaim form carries a line for the spouse to release all rights of homestead and other interests, so have the spouse sign that release when the property is a homestead.
Frequently Asked Questions
A quitclaim deed transfers whatever interest the grantor has in New Hampshire real estate to the grantee. It is often typed as a quit claim deed. New Hampshire's statutory quitclaim deed (RSA 477:28) conveys 'with quitclaim covenants,' meaning the grantor makes limited promises against their own acts but does not guarantee the property is free of older title problems. It passes along the interest the grantor holds, if any.
The difference is how much the grantor promises about title. A New Hampshire warranty deed (RSA 477:27) fully warrants the title against all lawful claims, past and present. The statutory quitclaim deed (RSA 477:28) conveys 'with quitclaim covenants,' which are limited: the grantor warrants only against claims arising by, through, or under the grantor, but against none other, and makes no promise about defects that predate the grantor's ownership.
You record it with the registry of deeds for the county where the property is located (RSA 477:3-a). Recording gives public notice; an unrecorded deed is not effective against a later good-faith purchaser for value until it is recorded. Bring the signed, acknowledged deed and be ready to file the transfer-tax Declaration of Consideration.
You pay the registry's recording fee plus the New Hampshire Real Estate Transfer Tax. The tax is $0.75 per $100 of the price or consideration and is charged to both the buyer and the seller (RSA 78-B), so the combined rate is $1.50 per $100, with a $20 minimum from each party. Both sides file a Declaration of Consideration (Form CD-57) with the Department of Revenue Administration within 30 days of recording.
It must be acknowledged before a notary, but no witnesses are needed. RSA 477:3 requires the grantor to sign the deed and acknowledge it before a notary public, justice, or commissioner, and to show the grantee's mailing address. New Hampshire does not require witnesses to a deed, so the notarial acknowledgment is the key formality.
No. Recording your deed at the county registry of deeds under RSA 477:3-a passes your interest to the grantee, but that filing does not reach the lender's lien. A quitclaim moves ownership, not the loan, so if your name is on the note you stay liable for the debt. Being released from the mortgage requires the lender to refinance it or formally sign you off, which recording the deed alone cannot do.
Yes. One spouse can quitclaim their interest to the other to carry out a divorce, or a quit claim deed can add or remove a spouse from title. If the property is a homestead, RSA 480:5-a requires the owner's spouse to join in the deed to release the homestead right, and the RSA 477:28 statutory form includes a built-in line for that spousal release.
No. Even the RSA 477:28 statutory quitclaim covenants reach only claims arising by, through, or under the grantor, so the deed does not clear existing liens or promise the grantor's title is sound against older defects. Because New Hampshire is a notice-type recording state under RSA 477:3-a, a later bona fide purchaser who records can cut off unrecorded interests. A title search and title insurance, not a quitclaim, are what protect a buyer from liens and hidden title problems.