New Hampshire Quitclaim Deed

Introduction

Key Things to Know

1. 1

   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.

2. 2

   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.

3. 3

   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.

4. 4

   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).

5. 5

   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.

6. 6

   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.

7. 7

   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.

New Hampshire Requirements for Quitclaim Deed

• Use the Statutory Quitclaim Form With Quitclaim Covenants

  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.

• Know What the Quitclaim Covenants Do and Do Not Cover

  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.

• Sign and Acknowledge the Deed Before a Notary

  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.

• No Witnesses Are Required

  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.

• Show the Grantee's Mailing Address

  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 With the County Registry of Deeds

  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.

• Pay the Real Estate Transfer Tax and File the Declaration of Consideration

  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).

• Have the Spouse Join to Release Homestead

  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.