Free New York Quitclaim Deed Form

Do You Know How to Use the Quitclaim Deed in New York?

The quitclaim deed in New York is a legal instrument that is used to convey an individual’s legal rights in property from one individual to another. If you are a New Yorker planning to transfer your residential rental property to your spouse, children or sibling, this document is invaluable. It is also called a quitclaim or a non-warranty deed. The person who conveys their interests in property is called a grantor while the person receiving the rights to the property is the grantee.

The reason why this document is also called a non-warranty deed is that, unlike other real estate deeds used to convey property rights and interests, the quitclaim does not provide any warranties on title. The lack of warranty to the title means that the grantor might not be the actual owner of the property they are transferring, and the grantee will only receive the rights held by the grantor at the time of the deed’s execution. This lack of warranty shows that the title is transferred “As-is” and if the title has defects like unknown liens or recording errors, the grantee will have no legal recourse. This factor makes it one of the unreliable real estate deeds, but this has not been able to edge out this deed as the popular, fast, and the easiest real estate deed.

It is, therefore, clear that for you to use the quitclaim deed in New York, you must have an established level of trust with the grantee. As the recipient of the property rights, you have to trust the grantor and also trust that the grantor is the actual owner of the property.

Legal Requirement for a Valid Quitclaim

The process of preparing a quitclaim in this state is similar in every county. So, you have to meet the statutory requirements to make your quitclaim legal.

For starters, you have to download a sample form of the deed. We recommend this free New York quitclaim deed form. This form is a printable PDF with all the sections to be filled in to create a legally bonding quitclaim.

  • These requirements are outlined under the statutes in the Property Laws under Section 258. The law reiterates the fact that this deed offers no warranties of the title in question.

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

    • It must have the details of the consideration paid for the property, the type of consideration and the actual amount or value of the consideration.

    • The deed must also have the details of the grantee: their full legal name, their actual mailing address, their marital status, and the vesting. Vesting is how the grantee wishes to hold the property’s title. The state allows holding title to real property through either a co-ownership or sole ownership. For residential property, the state accepts three primary methods of holding property: this is a joint tenancy, tenancy in common, or through tenancy by entirety. When granting ownership rights to residential real estate to at least two unmarried individuals, the transfer is presumed to create the vesting called tenancy in common. The only exception to this presumption is the joint tenancy which comes about when the parties expressly state that as their intention. For married couples, the statutes deem the property owners a tenancy by entirety. This is provided for in Sections 6-2.1 & 6-2.2 of the law.

    • Regarding the conveyance of realty, the deed will be deemed valid only if it carries the actual legal description of the property/ parcel. The legal description of the parcel must have details such as the lot, block, section, and the unit number.

    • The deed must also recite the previous references for the deed – this refers to the ownership details of the title prior to the grantor. The recite is essential for the clarity of the chain’s title. The recite is also expected to carry the restrictions associated with the property if there is any.

    • The signing of this deed is to take place in the presence of the notary public or any other official authorized by the law.

    • Once it is signed, the deed is to be recorded at the county’s clerk office, at the county where the conveyance property is located. This recordation at the office of the county clerk is essential for the validity of the transfer.

    • Regarding the acceptable forms of payment, you also need to speak to the county’s clerk office for confirmation.

    • Note that most of the counties in New York require you to include other documents for the recording of the deed. When recording the deed, you have to use the county’s cover page which is downloadable from the county’s website. The cover page factors in everything and is accounted for in the total page when the recording fee is calculated.

    • The transfer tax charged is due during the deed’s recording. To file the transfer tax, you have to file form TP-584 with your county clerk. If you are not a resident, you have to file tax form IT-266. The state requires the grantor to pay all taxes owed on the property on conveyance, before conveyance. Besides the transfer tax, the other taxes the grantor has to pay include the gift tax, payable when the grantor is gifting a family member property. If the grantor fails to pay taxes, the grantee might be stuck with the taxes owed.

    • Note, however, that when you are transferring property to a trust, there are no taxes imposed

    • The statutes, under R.P.P. Law 9-333.3 also require that you prepare a Real Property Transfer Report for all property conveyances, except for the ones involving gas, oil, and mineral rights.

Other than transferring property to family or a trust, you can also use the quitclaim if you're getting a divorce or just got married and would like to transfer rights to property to or from your spouse. You might also need the quitclaim to clear a cloud on title for the residential property. So, would you like a quitclaim in Rochester, Buffalo, Albany, New York City, Yonkers, Syracuse, Utica or any other city on NY state? Download our free quitclaim deed form online here today.