Free New Hampshire Quitclaim Deed Form

Using the Quitclaim Deed in New Hampshire

You’ve probably known for the longest time that for you to transfer title to a loved one or to sell your real property, you’ll need to give up your title deed to signify the conveyance of your rights in the property, right? But, do you know the right deed to use in different circumstances? The truth is that the real estate scene is riddled with different types of deeds for real property. And understanding how the deeds differ from each other determines whether you use the right one and if your rights as the recipient/ buyer of the property are protected.

So, while this article is all about the use of the quitclaim deed in New Hampshire, we will also look at the other types of deeds. The type of deed one uses, and signs is critical because of the particularly tricky title issues. With issues known to arise years after the conveyance of a property, you must be keen about the deed used. For example, do you know that the passage of time, in its simplicity, could mean mistakes in a former conveyance, and you might pay for that mistake by giving up rights to a property you believed to be yours, legally?

Besides errors in the conveyance records, the titles are sometimes riddled with various undiscovered issues like unknown mortgage liens (if someone takes a second/ third lien on property), boundary/ property line issues, unknown easements or even forged documents, among others. So, knowing that you could be a victim of an erroneous title, it is important to choose your preferred deed, carefully.

Types of Real Estate Deeds

There are two main types of real estate deeds, the quitclaim deed, and the warranty deed.

What is the quitclaim deed?

A quitclaim deed in New Hampshire refers to the legal instrument that facilitates the conveyance of interests in real property from the owner of the property rights (grantor) to a person or an entity. It does not, however, offer any warranty of title or a guarantee of property ownership. This deed is also called a quitclaim or a non-warranty deed. Some people will, albeit mistakenly, refer to the document to as a quick claim deed – don’t make the same mistake.

Note that the absence of warranties on the title means two things: one, the property’s deed might have any of the title issues mentioned above, or, the grantor might not have full legal rights over the property, and you will be receiving the specific interests held by the grantor at the time of the property’s conveyance.

Quitclaims offer the least amount of protection for real property transfers, and the grantee receives the title “as-is.”

Because of the uncertainty surrounding the quitclaim, you might want only to use the quitclaim between family members or parties you can trust.

What is a warranty deed?

The warranty deed is, in the most basic terms, the opposite of the quitclaim. This deed promises or offers a warranty of title, noting that the deed is clear from any defects/ encumbrances. So, if you are buying a property from someone you know little about, you should sign the warranty deed rather than the quitclaim.

  • Uses of the quitclaim

    • In divorces, couples often make use of the non-warranty deed to pass property to the other party. This is common because both parties know about any issues with the property title.

    • Family members often use the deed to transfer property to and from each other. It is common between parents and their children, siblings, and between other members of the family.

    • In estate planning, the deed is used to transfer real property into a trust or a living trust. This is referred to as a deed in trust. Note, however, that you cannot use the deed to transfer property from a trust.

    • When dealing with title insurance, your insurance company might ask you to use the quitclaim to clear clouds from your title. Such clouds/ defects include names that should be or not be in the deed.

Requirements for a valid quitclaim

You have to fill a form which is to be acknowledged by the notary public to convey your property rights to the grantee. But first, you have to download your free New Hampshire quitclaim deed form online. It is available as a printable PDF template. Once you have your free form, ensure that it has the following details.

  • According to the statutes, the deed is only used to convey rights to property, but it does not offer any guarantees.

    • The deed must have the full legal name of the grantor, as well as their mailing address and their marital status.

    • It should also bear the full legal name, the actual mailing address, and the marital status of the grantee.

    • It should also have the grantee’s vesting interests or how the grantee wishes to hold the property’s title. The state accepts property ownership under a co-ownership or a sole-proprietorship arrangement. For residential property, the state accepts co-ownership, joint tenancy, and tenancy in common as the primary methods for holding property. The statutes further prescribe that the ownership of real property by at least two individuals falls under the tenancy in common arrangement, unless the joint tenancy arrangement is stated expressly.

    • Regarding conveyance of realty, the deed must bear the exact/ accurate legal description of the parcel of land.

    • It must recite all prior references to the deed, for the maintenance of a clean chain of title.

    • If the grantor is married, the deed must have the full legal name of their spouse. This ensures that all the spousal interests in the property in question are conveyed and that they do not encumber the property.

    • The deed should be signed in the presence of the notary public or any other authorized officer.

    • The quitclaim should be recorded in the county within which the property is located.

    • The real estate transfer tax declaration of the consideration paid should be filled out as well (for grantor and grantee).

    • The grantee is required to fill out an original Form PA-34, which is the Inventory of Property Transfer form, with the Department of Revenue Administration, within 30 days of recording the deed. A copy of the form must be filed with the local assessing official in the municipality the property is located.

Getting Started with Quitclaims

Are you transferring residential rental property in Manchester, Nashua, Concord, Portsmouth, Salem, or any other city in New Hampshire? Get started today with our free quitclaim deed form.