If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a New Jersey quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, which office actually records deeds in your county, whether the Realty Transfer Fee applies to your situation, and the extra residency form that New Jersey requires with nearly every deed.
The good news is that many of the most common reasons people use a quitclaim deed here — giving a home to a child, adding a spouse, sorting out a divorce, or funding a trust — are specifically addressed by New Jersey law, often with a fee exemption built right in.
Good News for Family Transfers:
New Jersey specifically exempts deeds between spouses (or civil union partners) and between parent and child from the Realty Transfer Fee, even if some consideration is listed on the deed. A deed recorded within 90 days of a final divorce decree between the grantor and grantee is also exempt, and so is a deed from an estate's executor to a named heir.
That covers most of the reasons people come to this page. You will still need to file the right affidavit to claim the exemption, but it generally means the fee itself is not the obstacle you might expect.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information New Jersey county recording offices commonly expect.
- Current deed or previously recorded deed, including its book and page reference
- Grantor's full legal name and mailing address
- Grantee's full legal name and mailing address
- Complete legal description of the property
- Municipality, county, and tax map block and lot numbers
- The name of whoever prepared the deed, printed on the first page
- A statement of consideration, even if nominal
- Notary acknowledgment for the grantor's signature
- Form RTF-1 (Affidavit of Consideration), if claiming an exemption or partial exemption
- A Seller's Residency Certification (Form GIT/REP-3), or the nonresident equivalent
- Recording fees and any county formatting requirements
How to Fill Out a New Jersey Quitclaim Deed
Step 1: Identify the Correct Recording Office
Most New Jersey deeds are recorded with the County Clerk, though a handful of counties call this office the Register of Deeds and Mortgages instead. Either way, record in the county where the property is located.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name and mailing address. New Jersey also requires the name of whoever prepared the deed to appear on the first page, such as "Prepared by [Name]."
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and complete mailing address, which the county will use to return the recorded deed and to route future tax bills.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, New Jersey ownership wording matters.
A deed to two or more unmarried people is generally presumed to create tenants in common unless the deed says otherwise, while a deed to a married couple is often understood to create a tenancy by the entirety, a form of ownership only available to married couples. If you want a different result, the deed should say so clearly.
Step 5: Add the Legal Description and Property Identifiers
Use the complete legal description from the current deed, and include a short recital referencing the prior deed's recording information, such as the book and page number.
New Jersey deeds also need the property's municipality, county, and tax map block and lot numbers on the first page. A street address may help identify the property, but it is not a substitute for these identifiers.
Step 6: State the Consideration
New Jersey deeds must state the consideration exchanged for the property. For family gifts, a nominal amount such as "$1.00 and other valuable consideration" or "love and affection" is common and acceptable.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, and the signature must be acknowledged before a notary public or other authorized officer . New Jersey does not require a separate witness to sign as well.
New Jersey allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, check with your county recording office to confirm they will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Attach the Required Affidavits
Almost every New Jersey deed needs a Seller's Residency Certification (Form GIT/REP-3), confirming the grantor is a New Jersey resident, or the appropriate nonresident version if they are not.
If you are claiming a full or partial exemption from the Realty Transfer Fee, such as the spouse or parent-child exemption, also complete Form RTF-1 and attach it to the deed. Missing either form is one of the most common reasons a New Jersey county clerk rejects a deed at the counter.
Step 9: Record the Deed
Submit the signed and notarized deed, the required affidavits, and the recording fee to the County Clerk (or Register of Deeds and Mortgages) in the county where the property is located.
Counties may accept documents by mail, walk-in, or through an attorney or title company's electronic recording system, and procedures vary by county. Many counties also require a recording cover sheet, so check before you submit.
Will You Owe a Realty Transfer Fee?
For a lot of the situations that bring people to this page, the answer is: probably not.
New Jersey's Realty Transfer Fee applies to most deeds, but it specifically exempts transfers between spouses or civil union partners, between parent and child, deeds recorded within 90 days of a final divorce decree, and transfers from an estate's executor to a named heir. These exemptions apply even if some consideration is listed on the deed.
You still need to file the paperwork to claim the exemption, which is done through Form RTF-1, but the fee itself is often not something these transfers need to worry about.
For transfers that do not qualify for an exemption, the fee is based on the consideration paid and follows a tiered schedule, with an additional fee that applies only to sales above $1,000,000. Most family and trust transfers on this page will not reach that level.
The Residency Form Almost Everyone Forgets
Separately from the Realty Transfer Fee, New Jersey requires nearly every deed to be accompanied by a Seller's Residency Certification, regardless of whether any fee is owed.
If the grantor is a New Jersey resident, this is a short form (GIT/REP-3) confirming residency. If the grantor is not a New Jersey resident, the requirements are more involved and can include an estimated tax payment at the time of recording, even on a transfer where no money changes hands. This detail catches people off guard on gift transfers, so it is worth confirming the grantor's residency status before you head to the recording office.
New Jersey Signing and Recording Notes
- New Jersey deeds are recorded with the County Clerk, or Register of Deeds and Mortgages in some counties.
- The grantor's signature must be notarized; New Jersey does not require a separate witness.
- The deed must state consideration, even if nominal.
- Include the municipality, county, and tax map block and lot numbers.
- Print the deed preparer's name on the first page.
- Spouse and parent-child transfers are generally exempt from the Realty Transfer Fee.
- A Seller's Residency Certification (or nonresident equivalent) is required with nearly every deed.
- Recording fees and cover sheet requirements vary by county.
- An unrecorded deed can lose priority to a later buyer who records first, so timely recording matters.
- Using unclear ownership wording when there is more than one grantee can create unintended results.
Official New Jersey Sources
Common New Jersey Quitclaim Deed Mistakes
- Recording in the wrong county
- Leaving off the municipality, county, or tax map block and lot numbers
- Forgetting the deed preparer's printed name on the first page
- Assuming an exempt transfer doesn't need Form RTF-1 filed at all
- Forgetting the Seller's Residency Certification, even on a $0 gift
- Leaving out the grantee's mailing address
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
- Not checking whether the county requires a recording cover sheet
- Overlooking that a nonresident grantor's paperwork is more involved
How This Fits Into the New Jersey Quitclaim Deed Process
A New Jersey quitclaim deed can be a practical way to update ownership, especially for family gifts, spouse transfers, trust transfers, and divorce-related transfers.
The key is to prepare the deed carefully, state the consideration, notarize it correctly, attach the Realty Transfer Fee affidavit and residency certification, and record everything with the right county office.
New Jersey Quitclaim Deed FAQ
Where do I record a New Jersey quitclaim deed?
Record the deed with the County Clerk, or Register of Deeds and Mortgages in some counties, in the New Jersey county where the property is located.
Does a New Jersey quitclaim deed need to be notarized?
Yes. The grantor's signature must be acknowledged before a notary public or other authorized officer. New Jersey does not require a separate witness.
Will I owe a Realty Transfer Fee if I give my house to my child?
Often not. New Jersey specifically exempts deeds between spouses and between parent and child from the Realty Transfer Fee, even if some consideration is listed. The required affidavit and residency forms still need to be filed.
Do I need to worry about income tax withholding on a gift transfer?
Usually only if the grantor is not a New Jersey resident. Resident grantors file a short Seller's Residency Certification, while nonresident grantors generally face additional requirements.
Is this legal advice?
No. This page provides general educational information and is not legal advice.