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The quitclaim deed laws in New Jersey are present in section NJSA -1: If the quitclaim deed contains “release,” “remise, release and quitclaim,” or “grant and release,” it's interpreted as if the grantor “grants and conveys” The signature must be signed by the property seller in the presence of a notary public.

In New Jersey, grantors may prepare their own deed, but only a state-licensed attorney may prepare it for another individual. Although it is often said that a real estate agent or title company will prepare the deed, in reality, they typically have an attorney prepare the deed in New Jersey.

A Quitclaim Deed Affects Ownership and the Name on the Deed, Not the Mortgage. Quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage.

Generally, a quitclaim deed is ideal for situations involving only transfer of ownership between parties that explicitly trust one another and have no doubts about the title of the property.

A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.

The deed must be signed in ink by the Grantors in the presence of a notary public, with the Grantors' names printed below the signatures. Contrary to popular belief, the Grantors' signatures do not need to be witnessed (other than by a notary). The deed does not need to be signed by the Grantees (buyers).

The deed and related documents must be prepared in black, legible type so it can easily be read and scanned or photocopied. We recommend signing in blue ink so it is easy to distinguish the original from a photocopy. The name of the Grantors (e.g., sellers) as they appeared on the prior deed must be on the first page.

The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted. Contrary to the law and established custom in other states, the expression “to have and to hold” (called the “habendum clause” of a deed) is not necessary, nor are witnesses or seal required.

How do I add someone to a deed in NJ? A new deed has to be recorded to add or delete anyone from the official record of ownership. We recommend that you seek legal assistance from an attorney or title company specializing in property transactions.