New York Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed (often typed as a quit claim deed) transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim is used mainly between people who trust each other.

2. 2

   Record it with the county clerk. A New York conveyance is recorded in the office of the clerk of the county where the property is located (N.Y. Real Property Law Section 291). In New York City the Office of the City Register records deeds for the Bronx, Brooklyn, Manhattan, and Queens through ACRIS, while Staten Island documents are recorded with the Richmond County Clerk.

3. 3

   You must have the deed acknowledged before a notary. To be recorded, a New York quitclaim deed must be acknowledged by the person who signed it, typically before a notary public (N.Y. Real Property Law Sections 291 and 306). Acknowledgment is what makes the deed recordable.

4. 4

   No witnesses are required. New York does not require witnesses to sign a deed. A subscribing witness is only the statutory alternative route to recording when a signature is not acknowledged, so in practice notarization is the operative formality.

5. 5

   Pay the real estate transfer tax. New York imposes a state transfer tax of $2 for each $500 of consideration (or fractional part) when the consideration is more than $500, and the grantor pays it (N.Y. Tax Law Sections 1402 and 1404). A residence sold for $1 million or more also triggers a 1 percent mansion tax paid by the buyer (Section 1402-a). New York City property carries a separate city transfer tax as well.

6. 6

   File Form TP-584 and Form RP-5217 before recording. New York requires a real estate transfer tax return (Form TP-584, or TP-584-NYC in the city) and a real property transfer report (Form RP-5217) to be filed with the recording officer before the deed can be recorded (N.Y. Tax Law Section 1409; Real Property Law Section 333).

7. 7

   New York offers an optional statutory quitclaim form. Real Property Law Section 258 provides a short-form statutory quitclaim deed (Schedule G, Form D for an individual), but other forms are also lawful. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust; New York is not a community-property state and does not require a non-owner spouse to sign the deed.

New York Requirements for Quitclaim Deed

• Have the Deed Acknowledged Before a Notary

  To record a New York quitclaim deed the deed must be acknowledged by the person who executed it, typically before a notary public (N.Y. Real Property Law Sections 291 and 306). Acknowledgment, certified by the notary, is what makes the conveyance recordable.

• No Witnesses Are Required

  New York does not require witnesses to sign a deed. A subscribing witness is only the statutory alternative route to recording ('proved') when the grantor's signature is not acknowledged, so in practice a notary acknowledgment is the operative formality (N.Y. Real Property Law Section 291).

• Record With the County Clerk or NYC City Register

  Record the signed, acknowledged deed with the clerk of the county where the property is located (N.Y. Real Property Law Section 291). In New York City the Office of the City Register records deeds for the Bronx, Brooklyn, Manhattan, and Queens through ACRIS, while the Richmond County Clerk records deeds for Staten Island.

• Pay the Real Estate Transfer Tax

  New York imposes a state real estate transfer tax of $2 for each $500 of consideration, or fractional part, when the consideration exceeds $500, and the grantor pays it (N.Y. Tax Law Sections 1402 and 1404). Consideration is the value given for the transfer. New York City property carries a separate city transfer tax as well.

• Add the Mansion Tax on $1 Million Residences

  When a residence is conveyed for $1 million or more, New York adds a 1 percent mansion tax on the whole price, and the buyer (grantee) pays it (N.Y. Tax Law Section 1402-a). This is separate from and on top of the base transfer tax the grantor owes.

• File Form TP-584 and Form RP-5217 Before Recording

  A transfer tax return (Form TP-584, or TP-584-NYC for city property) must be filed with the recording officer before the deed can be recorded (N.Y. Tax Law Section 1409). The recording officer also cannot accept the deed without a real property transfer report (Form RP-5217) (N.Y. Real Property Law Section 333).

• Use the Optional Statutory Quitclaim Form

  New York provides an optional statutory short-form quitclaim deed at Real Property Law Section 258 (Schedule G, Form D for an individual; Schedule H, Form DD for a corporation). Its operative words are 'remise, release, and quitclaim.' Other forms are expressly lawful, so you are not required to use the statutory form.

• No Spousal Joinder Is Required

  New York is not a community-property state, and no New York statute requires a non-owner spouse to join in or sign a deed of the owner's property. The homestead provision (N.Y. CPLR 5206) only exempts a home from money judgments; it imposes no deed-signature requirement.