Cape May County Quitclaim Deed (Individual) Form

A New Jersey quitclaim deed releases to the grantee whatever interest the grantor holds in a piece of real property, and it stops there. It makes no promise that the grantor owns the property and no promise about the state of the title. That single feature, a transfer stripped of every covenant, is what sets the quitclaim deed apart from the deeds New Jersey buyers usually receive, and it is why the quitclaim deed has its own narrow set of uses. This form prepares that deed for one individual grantor under Title 46 of the New Jersey Revised Statutes.

What a Release Conveys

New Jersey describes the quitclaim conveyance in N.J.S.A. 46:5-1 through 46:5-8. The statute recognizes the words remise, release, and forever quitclaim as words of release, and N.J.S.A. 46:5-3 supplies the legal effect: a quitclaim made without a reservation in favor of the grantor passes all the estate the grantor could lawfully convey by deed of bargain and sale, and the grantee is presumed a bona fide purchaser to the same extent. The grantor passes the interest actually held. If that interest is full ownership, full ownership passes; if it is a fractional or uncertain interest, that is what the grantee receives.

The Covenants That Are Missing

New Jersey gives short covenant phrases real legal weight in N.J.S.A. 46:4-3 through 46:4-10. A deed reciting that the grantor has done no act to encumber the lands carries the covenant against the grantor's acts, the operative covenant in the common bargain and sale deed with covenant. A deed reciting that the grantor will warrant generally carries a full warranty of title. A quitclaim deed recites none of them. Because it warrants nothing, the grantee gains no contract claim against the grantor if the title later proves flawed, and the grantee takes the property subject to every mortgage, lien, easement, and other matter already affecting it.

Where the Quitclaim Deed Fits in New Jersey

The form provides for a single individual grantor, whether a sole owner or a co-owner releasing one undivided share. Quitclaim deeds appear most where the grantor and grantee already understand the title and accept it as it stands: a transfer between former spouses or civil union partners under a divorce or dissolution settlement, a change in who is named on title within a family, a move of property into or out of a revocable trust, the release of a possible or uncertain interest, and a deed correcting an earlier one. A purchaser paying full value at arm's length generally receives a deed with covenants instead, and the guide names the bargain and sale, general warranty, and special warranty companions for those situations.

A Present Transfer, Not a Death Plan

A quitclaim deed releases the grantor's interest now, on delivery, not at the grantor's death. New Jersey has no transfer on death deed or beneficiary deed for real property, so an owner planning for death works through a will, a trust, or a survivorship vesting rather than this deed. Where co-owners take title together, the words after their names control the result: survivorship language creates a joint tenancy under N.J.S.A. 46:3-17.1, and a married couple or civil union partners designated as such take as tenants by the entirety under N.J.S.A. 46:3-17.2.

Signing and Recording

The grantor signs before a notary public or other officer authorized under N.J.S.A. 46:14-6.1, and New Jersey also allows acknowledgment by a remotely located individual through communication technology. To be recordable, a deed conveying title carries the names printed beneath the signatures, the grantee's mailing address, the lot and block or a statement that none is assigned, and the name of the person who prepared it, all under N.J.S.A. 46:26A-3. The county indexes the deed from a cover sheet or electronic synopsis, collects the Realty Transfer Fee with the Affidavit of Consideration where it applies, and accepts the deed only with the seller residency GIT/REP form. Recording matters for another reason: under the race-notice rule of N.J.S.A. 46:26A-12, a later purchaser for value without notice who records first can defeat an unrecorded deed, so a quitclaim grantee records promptly.

This package includes the quitclaim deed as a fillable PDF, a completed example filled in for a realistic Essex County transfer, and a plain language guide that walks through every numbered section, the signing and notarization rules, and the Realty Transfer Fee, GIT/REP, and cover sheet documents that accompany the deed at recording. The materials are informational and are not legal advice.