New Hampshire Quitclaim Deed Form

Last Updated: March 17, 2024 by Rukshani Lye

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What is a Quitclaim Deed in New Hampshire? 

In New Hampshire, quitclaim deeds are a quick way to transfer property from an owner (‘Grantor’) to a new owner (‘Grantee’) without providing a complete guarantee on the property’s title. Quitclaim deeds in New Hampshire include a limited warranty, as the Grantor promises to defend the title against claims that arose while they owned the property.

The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in New Hampshire?

The main difference between quitclaim deeds and warranty deeds in New Hampshire is that a quitclaim deed provides less security to the Grantee. 

Warranty deeds ensure the Grantor’s complete ownership of the property, free from any title issues throughout its history. In contrast, a quitclaim deed only guarantees the title during the limited period of the Grantor’s ownership.

Warranty deeds are mostly used for real estate transactions in New Hampshire. 

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How Do Quitclaim Deeds Work in New Hampshire?

Laws surrounding quitclaim deeds are found in Chapter 477 of the New Hampshire Revised Statutes titled Conveyances of Realty and Interests Therein.

New Hampshire laws provide sample language for a quitclaim deed. It must state that the Grantor intends to “grant and release… with quitclaim covenants.. all rights of homestead and other interests therein..”

Once prepared, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in New Hampshire?

You can prepare your own quitclaim deed in New Hampshire. A professional drafter is not legally required. 

The name and address of the individual who prepared the deed, however, must be mentioned under “Prepared by.”

New Hampshire Quitclaim Deed Requirements

For a quitclaim to be legally valid in New Hampshire, the deed must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in New Hampshire  include:

  1. Paper size: must be between 8.5 x 11 (letter) 8.5x 14 (legal).   
  2. Paper quality: 20lbs; white color only.
  3. Font: Times New Roman; minimum size 10-point type. 
  4. Text: Must be “clear” and “reproducible”.
  5. Margins should be as follows:
    • The left side of a 3-inch margin on top of the first page is required for official use.
    • The right side of the 3-inch first page margin can be used for administrative content (ex: return address)
    • All remaining margins on all pages and sides should be 1 inch. 
    • Non-textual material, such as page numbering or document information, can be on the bottom margins, however, they must be at least 0.5  inch from the bottom of the page.
  6. Single-side print only. 
  7. No permanent binding.
  8. No highlighting allowed. 

      Content Requirements

      Remaining content requirements for quitclaim deeds in New Hampshire  include:

      1. The Grantor’s name and address.
      2. The Grantee’s name and address. 
      3. The Grantor’s marital status, and spouse’s name (if any).
      4. The Grantee’s marital status, and spouse’s name (if any)
      5. Return name and address.
      6. Preparer’s name and address.
      7. The title “Quitclaim.”
      8. The property address.
      9. Property’s legal description. 
        • The first sentence of the description paragraph must list the names of all municipalities in which the property is located.
        • The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
        • If a secondary document is referenced, information such as the date registered, the book, page, and registration numbers must be mentioned on the deed.
      10. Granting clause – a statement describing the transfer the parties have agreed to.
      11. Consideration – the value or the amount of money exchanged.

          Who Signs a Quitclaim Deed in New Hampshire?

          For a quitclaim deed to be legally valid in New Hampshire, it must be signed by the Grantor. The Grantor must sign and execute the deed before a notary public, justice or commissioner.

          If the Grantor is married, or if the property is a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.

          How to File a Quitclaim Deed in New Hampshire  

          Here’s how to file a quitclaim deed in New Hampshire: 

          1. Prepare the quitclaim deed with the required information.
          2. Real Estate Transfer Tax Declaration of Consideration.
            • A Real Estate Transfer Tax Declaration of Consideration must be filed with the NH Department of Revenue Administration when transferring property with a quitclaim deed.
            • Both Grantor and Grantee are required to fill out separate forms:
              • CD-57-P – Filled by the Grantor.
              • CD-57-S – Filled by the Grantee.
            • Separate forms are required to be filled out by business entities and are available at the Department of Revenue. 
          3. Inventory of Property Transfer Form.
            • The Grantee must file an Inventory of Property Transfer (Form PA-34) within 30 days of the transfer.
            • The Form must be filed with the Department of Revenue Administration; and a copy must also be submitted at the Revenue Office in the municipality where the property is located.
          4. Ensure the Grantor signs and executes the quitclaim deed before a notary public, justice or commissioner.
          5. Finally, the quitclaim deed must be filed at the Register of Deeds in the county where the property is located.

                      How Much Does it Cost to File a Quitclaim Deed in New Hampshire?

                      In New Hampshire, the minimum charges for filing a quitclaim deed are as follows:

                      • Recording fee for first page – $10.
                      • Fee for each additional page -$4. 
                      • Additional fee for recording deeds, mortgages or plans – $25
                      • Fee for recording maps or plans – $9 – $26.

                      What Taxes Are Owed on Quitclaim Deeds in New Hampshire?

                      In New Hampshire, the transfer of property using a quitclaim deed triggers the following tax:

                      • New Hampshire Real Estate Transfer Tax:
                        • Tax rate: $0.75 per $100, or fractional part thereof.
                        • Minimum tax of $20 if the price or consideration is $4,000 or less.
                        • Both the Grantor and Grantee are typically responsible for payment.
                      • Many transfers that are generally filed under quitclaim deeds are exempt from New Hampshire’s Property Transfer Tax, including:

                        • Correction deeds or instruments.
                        • Beneficiary of a partnership interest upon dissolution due to the death of a partner.
                        • Transfer of title between spouses pursuant to a final decree of divorce or nullity.
                        • Transfers between owners of an entity and the entity, provided no consideration is exchanged, and ownership percentages remain identical.

                      Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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                      How Long Does a Quitclaim Deed Take to be Recorded in New Hampshire?

                      The time it takes to record a quitclaim deed in New Hampshire varies by county; however, most Register of Deeds offices process the document within a few business days or weeks. 

                      What Happens After a Quitclaim Deed is Recorded in New Hampshire?

                      When a quitclaim deed is submitted to the county Register of Deeds, it undergoes an initial check to ensure compliance with regulations. If the deed is clear of any previous filings, the document is stamped, indexed by assigning a book and page number, and entered into the state system of records.

                      Finally, the original deed is mailed back to the address on file, and a public record of the transfer of the property’s ownership is officially established.

                      How Long Are Quitclaim Deeds Valid For in New Hampshire? 

                      There is no expiration for quitclaim deeds in New Hampshire. However, the statute of limitations for a breach of a written contract is 20 years.