What is a quitclaim deed in New Mexico?

A quitclaim deed is a deed that transfers whatever interest you hold in New Mexico real estate to another person, with no warranty that the title is good. It is sometimes typed as a quit claim deed. New Mexico gives it statutory effect: under N.M. Stat. Section 47-1-30 a deed following the statutory quitclaim form conveys any interest the grantor owns in fee simple, but without warranty. It passes along the interest you have, if any.

What is the difference between a quitclaim deed and a warranty deed in New Mexico?

The difference is the promise about title. A New Mexico warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue on those covenants if that proves false. A quitclaim deed makes no such promise. N.M. Stat. Section 47-1-30 says it conveys any interest the grantor owns without warranty, so the grantee takes only what the grantor actually had, with no covenants of title.

Does a New Mexico quitclaim deed need to be notarized?

Yes. To record a quitclaim deed in New Mexico it must be duly acknowledged, which means signed before a notary (N.M. Stat. Section 14-8-4). Acknowledgment is the notary confirming the identity of the person signing. An instrument that is not duly acknowledged may not be recorded by the county clerk, so notarization is what makes the deed recordable.

Do both spouses have to sign a New Mexico quitclaim deed?

Often yes. New Mexico is a community-property state, and N.M. Stat. Section 40-3-13 requires both spouses to join in any conveyance of community real property. A deed that one spouse signs alone is void and of no effect as to community real property, except that one spouse may convey directly to the other. If the property is one spouse's separate property, that spouse can sign alone, so confirm how title is held before you sign.

Where and how do I file a quitclaim deed in New Mexico?

You record the signed, notarized deed with the county clerk of the county where the property is located (N.M. Stat. Section 14-9-1), not with a recorder or register of deeds. Recording gives public notice and, under N.M. Stat. Section 14-9-3, protects the grantee against a later good-faith purchaser who takes without knowledge of the deed.

How much does it cost to file a quitclaim deed in New Mexico?

New Mexico charges no state real estate transfer tax and no documentary stamp tax on deeds, so you pay only the county clerk's recording fee. The Bernalillo County Clerk, for example, lists a flat per-document recording fee. Each county sets its own fee, so confirm the current amount with the clerk of the county where you record before filing.

Can I electronically record a quitclaim deed in New Mexico?

In many counties, yes. Several New Mexico county clerks, including the Bernalillo County Clerk, accept electronic recording of deeds through approved third-party vendors. E-recording still requires the same signed, notarized deed; it only changes how the document reaches the clerk. Availability and accepted vendors vary by county, so check with the clerk of the county where the property sits before you file.

Does a quitclaim deed clear liens or guarantee I own the property in New Mexico?

No. A New Mexico quitclaim deed passes only whatever interest the grantor holds and warrants nothing: the statutory short form (N.M. Stat. Section 47-1-44) has, under Section 47-1-30, the effect of a fee-simple conveyance without warranty, so it does not clear liens, mortgages, or other encumbrances. New Mexico runs a notice-type recording act (Section 14-9-3), so recording with the county clerk protects your priority but does not verify title. A title search and title insurance, not a quitclaim, give that protection.

New Mexico Quitclaim Deed

A New Mexico quitclaim deed (or quit claim deed) transfers your interest with no warranty. Both spouses must join for community property. Notarize and record with the county clerk; no transfer tax.

Introduction

New Mexico is a community-property state, and that shapes how a quitclaim deed works here: under N.M. Stat. Section 40-3-13 both spouses must join to convey community real property, and a deed one spouse signs alone is void and of no effect. With that rule in mind, a quitclaim deed is a document that transfers whatever ownership interest you have in real estate to someone else, with no promise that your title is good or even that you own anything at all. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. A quitclaim simply passes along whatever interest you hold, so people use it for lower-risk transfers between parties who already trust each other: adding or removing a spouse after a marriage or divorce, moving a home into a living trust, or clearing a possible cloud on a title. New Mexico calls the person giving up the interest the grantor and the person receiving it the grantee. The state gives statutory effect to a deed titled quitclaim deed: N.M. Stat. Section 47-1-44 sets out a statutory quitclaim short form, and N.M. Stat. Section 47-1-30 gives a deed following it the force of a fee-simple conveyance of any interest the grantor owns, without warranty. You sign the deed (N.M. Stat. Section 47-1-5) and acknowledge it before a notary (N.M. Stat. Section 14-8-4), with no witnesses required, then record it with the county clerk of the county where the property sits (N.M. Stat. Section 14-9-1). New Mexico charges no state real estate transfer tax and no documentary stamp tax, only the county clerk's flat per-document recording fee. Attorney review is available as an option before you sign.

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Key Things to Know

1
New Mexico is a community-property state, so a quitclaim of a marital home usually needs both spouses. Under N.M. Stat. Section 40-3-13 both spouses must join in any conveyance of community real property, and a deed one spouse signs alone is void and of no effect, except that one spouse may convey directly to the other. Confirm how title is held before you sign.
2
New Mexico codifies a quitclaim short form. N.M. Stat. Section 47-1-44 lays out a short quitclaim deed form whose granting words are simply that the grantor, for consideration paid, quitclaims the property, and N.M. Stat. Section 47-1-30 gives a deed following it the force of a fee-simple conveyance of any interest the grantor owns, without warranty of title.
3
A quitclaim deed transfers only the interest you actually hold and promises nothing about the title. A warranty deed, by contrast, guarantees the title and backs it with covenants the grantee can sue on, which is why a quitclaim is used mainly between parties who already trust each other.
4
Record the deed with the county clerk, not a recorder or register of deeds. N.M. Stat. Section 14-9-1 directs deeds to the office of the county clerk of the county where the land sits, and New Mexico runs a notice-type recording act: under N.M. Stat. Section 14-9-3 an unrecorded deed does not bind a later good-faith purchaser without knowledge of it.
5
A New Mexico deed must be duly acknowledged, meaning notarized, before the county clerk will record it (N.M. Stat. Section 14-8-4). An instrument that is not duly acknowledged may not be recorded, so plan to sign in front of a notary.
6
No witnesses are required on a New Mexico deed. The operative formalities are the grantor's signature (N.M. Stat. Section 47-1-5) and a notary acknowledgment for recording (N.M. Stat. Section 14-8-4); the short form's witness my hand and seal line is the grantor's own signing language, not a call for separate witnesses.
7
New Mexico levies no state real estate transfer tax and no documentary stamp tax, and no separate consideration or value declaration rides with the deed. You pay only the county clerk's flat per-document recording fee, and many clerks, including Bernalillo County, accept e-recording through approved vendors, so confirm the recording county's current fee and options when you file.

Key decisions before you file

Before you file a Quitclaim Deed in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.

Open the Quitclaim Deed guide

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NEW MEXICO QUITCLAIM DEED

PREPARED BY AND WHEN RECORDED RETURN TO: [NAME AND ADDRESS]. This deed is recorded with the county clerk of the county where the property is located (N.M. Stat. Section 14-9-1).

PARTIES This Quitclaim Deed is made on [DATE] between [GRANTOR NAME], the grantor, of [CITY], New Mexico, and [GRANTEE NAME], the grantee, of [CITY], New Mexico. State how the grantee takes title, for example as sole owner, as joint tenants with right of survivorship, or as community property, and give the grantee's mailing address for the county clerk's records.
CONSIDERATION The grantor conveys the property below for consideration paid of $[AMOUNT], or, if none, states that this transfer is a gift for no consideration. Consideration is what the grantee gives in exchange, and New Mexico does not require a separate consideration or transfer-tax declaration on the deed.
QUITCLAIM (GRANTING CLAUSE) The grantor, for consideration paid, hereby quitclaims to the grantee all interest the grantor owns in the real property described below, located in [COUNTY] County, New Mexico. This deed follows the statutory quitclaim short form (N.M. Stat. Section 47-1-44) and has the effect of a conveyance in fee simple of any interest the grantor owns, without warranty of title (N.M. Stat. Section 47-1-30). The grantee receives only whatever interest the grantor actually holds.
LEGAL DESCRIPTION [INSERT the full legal description of the property; attach Exhibit A if needed. Do not rely on the street address alone.]
EXECUTION The grantor signs below (N.M. Stat. Section 47-1-5). To be recorded, a New Mexico deed must be acknowledged before a notary (N.M. Stat. Section 14-8-4); no witnesses are required. If the property is community property, both spouses must join in the conveyance, or it is void as to community real property (N.M. Stat. Section 40-3-13).

Witness my hand and seal this [DAY] day of [MONTH], [YEAR].

[GRANTOR NAME], Grantor

NOTARY ACKNOWLEDGMENT State of New Mexico, County of [COUNTY]. This instrument was acknowledged before me on [DATE] by [GRANTOR NAME].

Notary Public My commission expires: [DATE]

Note: New Mexico has a statutory quitclaim short form (N.M. Stat. Section 47-1-44), and N.M. Stat. Section 47-1-30 gives it the effect of a fee-simple conveyance without warranty. Record the signed, notarized deed with the county clerk of the county where the property sits (N.M. Stat. Section 14-9-1). Recording gives public notice and, under N.M. Stat. Section 14-9-3, protects the grantee against a later good-faith purchaser without knowledge of the deed. New Mexico charges no state real estate transfer tax; you pay only the county clerk's recording fee, so confirm the current fee with the recording county, and many county clerks also accept e-recording through approved vendors. This is a New Mexico skeleton for a quitclaim deed. For the complete, customizable template, see the full Quitclaim Deed template.

Once your Quitclaim Deed is ready, you can check whether it needs to be notarized in New Mexico in about a minute, and notarize it online through DocDraft if it does.

New Mexico Requirements for Quitclaim Deed

Sign the Deed as Grantor
A New Mexico conveyance of real estate must be subscribed (signed) by the person transferring the interest, or by a legal agent or attorney, under N.M. Stat. Section 47-1-5. The grantor is the person giving up the interest; the grantee is the person receiving it.
Acknowledge the Deed Before a Notary
To be recorded, a New Mexico deed must be duly acknowledged, meaning notarized, under N.M. Stat. Section 14-8-4. Acknowledgment is a notary confirming the identity of the signer. An instrument that is not duly acknowledged may not be recorded by the county clerk.
No Witnesses Are Required
New Mexico does not require subscribing or attesting witnesses on a deed. The operative formalities are the grantor's signature under N.M. Stat. Section 47-1-5 and a notary acknowledgment for recording under N.M. Stat. Section 14-8-4. The statutory form's witness-my-hand line is the grantor's own signing language, not a separate witness requirement.
Record With the County Clerk
Record the signed, notarized deed in the office of the county clerk of the county where the real estate is situated (N.M. Stat. Section 14-9-1). New Mexico's recording office is the county clerk, not a recorder or register of deeds.
Recording Gives Notice and Protects the Grantee
New Mexico has a notice-type recording act. Under N.M. Stat. Section 14-9-3 an unrecorded deed does not affect the rights of a later good-faith purchaser, mortgagee, or judgment lien creditor without knowledge of it. Recording promptly protects the grantee against a later claimant.
No State Transfer Tax Applies
New Mexico imposes no state real estate transfer tax and no documentary stamp tax on deeds, and no separate consideration or value declaration is required. You pay only the county clerk's flat per-document recording fee, so confirm the current fee with the recording county before filing.
Follow the Statutory Quitclaim Short Form
New Mexico provides a statutory quitclaim short form at N.M. Stat. Section 47-1-44. A deed following that form has, under N.M. Stat. Section 47-1-30, the force and effect of a conveyance in fee simple of any interest the grantor owns in the premises, without warranty of title.
Both Spouses Must Join to Convey Community Property
New Mexico is a community-property state. N.M. Stat. Section 40-3-13 requires both spouses to join in any transfer, conveyance, or mortgage of community real property; a conveyance attempted by one spouse alone is void and of no effect, except that one spouse may convey directly to the other.

Does your Quitclaim Deed need to be notarized in New Mexico?

Whether a Quitclaim Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Quitclaim Deed

Introduction

Key Things to Know

Key decisions before you file

Customize your Quitclaim Deed Template with DocDraft

New Mexico Requirements for Quitclaim Deed

Sign the Deed as Grantor

Acknowledge the Deed Before a Notary

No Witnesses Are Required

Record With the County Clerk

Recording Gives Notice and Protects the Grantee

No State Transfer Tax Applies

Follow the Statutory Quitclaim Short Form

Both Spouses Must Join to Convey Community Property

Does your Quitclaim Deed need to be notarized in New Mexico?

Frequently Asked Questions