New Hampshire Quitclaim Deed: Requirements, Recording and Tax

A New Hampshire quitclaim deed follows the statutory form in RSA 477:28, in which the grantor grants the property "with quitclaim covenants," and it carries real promises: the grantor warrants the title against claims arising through the grantor, "but against none other." It must be signed by the grantor, acknowledged before a justice, notary public or commissioner, and show the grantee's mailing address (477:3), then be recorded at length in the registry of deeds for the county where the land lies. If the property is the grantor's homestead, the grantor's spouse must also sign to convey the homestead right (480:5-a). For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers New Hampshire law on quitclaim deeds: the conveyancing statutes in RSA 477 (form, execution, acknowledgment, recording), the registry of deeds rules in RSA 478, the homestead right in RSA 480, the real estate transfer tax in RSA 78-B and the Department of Revenue Administration's declaration forms, and the transfer on death deed in RSA 563-D, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, municipal property tax assessment or exemptions, or other states' laws.

What a quitclaim deed does in New Hampshire

New Hampshire's quitclaim deed is a statutory deed with limited covenants, not a bare release. Under RSA 477:28, a deed "in substance following the form appended to this section shall, when duly executed and delivered, have the force and effect of a deed in fee simple to the grantee, heirs, successors and assigns, to their own use, with covenants on the part of the grantor." The form's operative words are "for consideration paid, grant to" the grantee "with quitclaim covenants."

Those quitclaim covenants are that the premises are free of encumbrances made by the grantor, and that the grantor "will, and the heirs, executors and administrators shall, warrant and defend the same to the grantee and heirs, successors and assigns forever against the lawful claims and demands of all persons claiming, by, through or under the grantor, but against none other." In other words, the grantor stands behind the title only against problems the grantor created, not against older defects. For how deeds with broader title promises compare, see quitclaim vs. warranty deeds.

A deed passes the full estate unless it says otherwise. Under 477:24, "A deed or reservation of real estate shall be construed to convey or reserve an interest in fee simple unless a different intention clearly appears in the deed," and words of inheritance such as "heirs" are not needed.

The statutory form also has a line for the grantor's husband or wife to "release to said grantee all rights of homestead and other interests therein," which matters for the spousal rule below.

New Hampshire quitclaim deed requirements

The only official quitclaim "form" is the statutory text in RSA 477:28, which a deed may follow "in substance." No state agency publishes a quitclaim deed form. The register of deeds can explain recording requirements but cannot give legal advice, and a lawyer licensed in New Hampshire can prepare the deed.

Under 477:3, "Every deed or other conveyance of real estate shall be signed by the party granting the same and acknowledged by the grantor before a justice, notary public or commissioner and shall show the mailing address of the grantee." An error in or omission of the grantee's mailing address does not affect the deed's validity (477:32-a), but the registry can refuse to record a deed that lacks it under 478:4-a.

The Registers of Deeds set document standards for reproduction that are posted at each registry. Check the registry's posted standards for margins and paper before you submit.

Does a spouse have to sign a New Hampshire quitclaim deed?

For a homestead, yes. Dower and curtesy are abolished, but the homestead right still needs both spouses. Under 480:5-a, "No deed shall convey or encumber the homestead right, except a mortgage made at the time of purchase to secure payment of the purchase money, unless it is executed by the owner and wife or husband, if any, with the formalities required for the conveyance of land." The statutory quitclaim form builds this in with its line for the spouse to release homestead rights.

The homestead right is now $400,000. Under RSA 480:1, as amended effective January 1, 2026, "Every person is entitled to $400,000 worth of his or her homestead, or of his or her interest therein, as a homestead." A conveyance into a revocable trust does not give up homestead rights unless the deed expressly releases them (480:9). If the deed is part of a divorce, see our guide to New Hampshire divorce laws.

Watch out: A spouse who is not on title still has to sign the deed to convey the homestead right. Leaving the spouse off a deed of the family home can leave the homestead right unconveyed.

Recording a quitclaim deed with the registry of deeds

A deed "shall be recorded at length in the registry of deeds for the county or counties in which the real estate lies" (RSA 477:3-a). The register "shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose" (RSA 478:4).

What recording does

Recording is what makes the deed good against everyone else. Under 477:7, "No deed of bargain and sale, mortgage nor other conveyance of real estate, nor any lease for more than 7 years from the making thereof, shall be valid to hold the same against any person but the grantor and his heirs only, unless such deed or lease be acknowledged and recorded, according to the provisions of this chapter." Section 477:3-a adds that a deed "shall not be effective as against bona fide purchasers for value until so recorded." Once recorded, the deed becomes part of the county land records; see our guide to New Hampshire property records.

Recording fees

New Hampshire sets recording charges by statute (RSA 478:17-g): "The charge for recording each document shall be $10 for the first recorded page plus $4 for each additional recorded page." A $25 Land and Community Heritage Investment Program (LCHIP) surcharge also applies to each deed, paid by the grantee, except where the United States, the state, a county, a municipality or a district is a party. A county that has adopted RSA 478:17-j may also charge an equipment surcharge of up to $2 per document. Ask the registry for the total before you record.

E-recording

Ask the county registry of deeds whether it accepts electronic recording.

New Hampshire real estate transfer tax on a quitclaim deed

New Hampshire's Real Estate Transfer Tax (RETT) under RSA 78-B is "imposed upon the sale, granting and transfer of real estate and any interest therein including transfers by operation of law." Every transfer is presumed taxable unless an exemption in 78-B:2 applies. Stamps are bought from the register of deeds and affixed before recording. A deed that is exempt, such as a true gift, must instead bear "a statement that the transaction is not subject to the tax imposed by this chapter" (78-B:6), or the stamps are required before recording.

Rate and who pays

"The rate of the tax is $.75 per $100, or fractional part thereof, of the price or consideration for such sale, grant, or transfer; except that where the price or consideration is $4,000 or less there shall be a minimum tax of $20." The rate applies to each side: "The rate of tax established in RSA 78-B:1 shall apply to both the purchaser, grantee, assignee or transferee and the seller, grantor, assignor or transferor." The $.75 rate has been unchanged since July 1, 1999.

Gifts and other exemptions

A true gift is exempt as a "noncontractual transfer" under 78-B:2, IX. Under RSA 78-B, a noncontractual transfer is "a transfer which satisfies the 3 elements of a gift transfer: (a) Donative intent; (b) Actual delivery; and (c) Immediate relinquishment of control." A deed that recites a nominal price does not change that: "The recitation of nominal consideration of $10 or other valuable consideration for purposes of satisfying the statute of frauds is not consideration for purposes of this chapter." Family transfers are not separately exempt; they stand or fall on whether the elements of a gift are met. If the grantee takes over the grantor's mortgage as part of the deal, the transfer is a contractual transfer, and under 78-B:1-a, IV the consideration is valued at no less than the property's fair market value.

Other exemptions in 78-B:2 that fit common quitclaim situations:

Trusts are treated differently from many states. The Department of Revenue Administration (DRA) says: "A transfer to a revocable trust is a taxable transfer if the transfer does not satisfy one of the exceptions to the RETT enumerated in RSA 78-B:2." Where the transfer is a testamentary substitute between the trust and the grantor, the DRA measures the tax at the minimum. A transfer to or from an irrevocable trust is not taxable if the elements of a gift are met.

Declarations of consideration and Form PA-34

Even a gift deed has filings. According to the DRA, "a Declaration of Consideration by the Purchaser (Form CD-57-P or Form CD-57-HC-P) and a Declaration of Consideration by the Seller (Form CD-57-S or Form CD-57-HC-S), as well as an Inventory of Property Transfer (Form PA-34) must be filed with the Department within 30 days after the recording of the deed." The DRA accepts these through its Granite Tax Connect online portal.

The declarations are not required for transfers exempt under 78-B:2, except transfers exempt under 78-B:2, IX, the gift exemption. So a quitclaim given as a gift still needs Forms CD-57-P and CD-57-S, along with Form PA-34. The Form CD-57-S is on the DRA website.

The DRA's CD-57-P instructions warn that "there is a penalty equal to 100% of the additional tax due if either the buyer or seller makes a false statement on either the transfer tax form or deed that no tax is due, or pays tax on less than the actual price or consideration for the transfer."

Property tax after a quitclaim in New Hampshire

New Hampshire property is assessed by the town or city. Ask the local assessor whether the transfer affects any exemption or credit the current owner receives before you record.

Mortgages and quitclaim deeds

New Hampshire's deed statutes deal with title, not the loan. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in New Hampshire

RSA 478:42 targets fraudulent filings: "Any person who knowingly files a document or instrument to fraudulently create a lien on real or personal property shall be guilty of a class B felony." A register who believes in good faith that a filing is fraudulent indexes it as a notice and refers it to the county attorney or the attorney general, and such a document is void. The section reaches fake liens and claims; it is not a forged-deed statute as such.

The FBI's Internet Crime Complaint Center advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name" (IC3 PSA I-061626-PSA). Ask your county registry of deeds whether it offers one.

Transfer on death deeds and other alternatives

If the goal is to pass a home at death rather than now, New Hampshire has allowed transfer on death deeds since July 1, 2024 under RSA 563-D. The rules are strict. Under 563-D:9, "A transfer on death deed is void unless it: I. Meets the requirements set forth in RSA 477:3; II. Bears the title 'Transfer on Death Deed'; III. States that the transfer to the designated beneficiary is to occur at the transferor's death; and IV. Is recorded: (a) Prior to the transferor's death; (b) Within 60 days following the date of execution; and (c) At length in the registry of deeds for the county or counties in which the real estate lies."

A revocation must also be recorded within the same 60-day and before-death windows; it cannot be done by an act on the deed itself. A transfer on death deed with no consideration is exempt from the transfer tax (78-B:2, XXV). Since August 22, 2025, beneficiaries "shall file, within 60 days following the death of the transferor, a notice of death affidavit for recording at the registry of deeds" (563-D:22), though filing it is not a condition of the transfer. For what happens when an owner dies without one, see our guide to New Hampshire probate.

Common myths about New Hampshire quitclaim deeds

• "A quitclaim carries no promises." Not in New Hampshire. The statutory quitclaim carries covenants against the grantor's own encumbrances and a warranty against claims by, through or under the grantor (477:28).
• "A gift deed means no tax and no paperwork." A gift is exempt only if it meets all three elements of a gift, a $10 recital is not consideration, and the buyer's and seller's declarations plus Form PA-34 still have to be filed within 30 days (78-B:2, IX).
• "My spouse is not on the deed, so my spouse does not sign." To convey the homestead right, the owner's spouse must sign (480:5-a).
• "An unrecorded deed is void." It is valid against the grantor and the grantor's heirs, but not effective against bona fide purchasers for value until recorded (477:7, 477:3-a).
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• New Hampshire property records
• Quitclaim vs. warranty deeds
• New Hampshire divorce laws
• New Hampshire probate

This article provides general legal information about New Hampshire law on quitclaim deeds, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact your county register of deeds (who cannot give legal advice), a legal aid office, or a lawyer licensed in New Hampshire.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in New Hampshire?

The grantor signs the deed and acknowledges it before a justice, notary public or commissioner, and the deed shows the grantee's mailing address (RSA 477:3); the spouse also signs if the homestead right is conveyed (480:5-a). Record it at length in the county registry of deeds with the transfer tax stamps (or, for an exempt deed, a statement that the transaction is not subject to the tax), then file Forms CD-57-P, CD-57-S and PA-34 with the Department of Revenue Administration within 30 days unless an exemption other than the gift exemption applies.

Does a quitclaim deed need to be notarized in New Hampshire?

It must be acknowledged by the grantor before a justice, notary public or commissioner (477:3). An unacknowledged and unrecorded deed is valid only against the grantor and heirs (477:7).

Does a New Hampshire quitclaim deed carry any warranty?

Yes, a limited one. Under 477:28, a deed with quitclaim covenants promises that the premises are free of encumbrances made by the grantor and that the grantor will warrant and defend the title against claims by, through or under the grantor, but against none other.

How much does it cost to record a quitclaim deed in New Hampshire?

The statutory recording charge is $10 for the first recorded page plus $4 for each additional page, and a $25 LCHIP surcharge applies to each deed, paid by the grantee. A county that has adopted RSA 478:17-j may add up to $2 per document. Transfer tax, if due, is separate.

Do you pay transfer tax on a quitclaim deed in New Hampshire?

Unless an exemption applies, yes: $.75 per $100 of the price or consideration from both the buyer and the seller, with a $20 minimum at $4,000 or less (78-B:1). A true gift is exempt under 78-B:2, IX, but a $10 recital is not consideration and both declarations plus Form PA-34 must still be filed within 30 days after recording.

Does a quitclaim deed remove me from the mortgage?

No. Under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

Does my spouse have to sign a quitclaim deed in New Hampshire?

To convey the homestead right, yes: under 480:5-a, no deed conveys or encumbers it, apart from a purchase-money mortgage, unless executed by the owner and the owner's husband or wife, if any. The 477:28 form includes a line for the spouse to release homestead rights.

Is transferring my house to a revocable trust taxed in New Hampshire?

The Department of Revenue Administration says a transfer to a revocable trust is taxable unless a 78-B:2 exception applies; where it is a testamentary substitute between the trust and the grantor, the tax is measured at the minimum. A conveyance into a revocable trust does not lose homestead rights unless the deed expressly releases them (480:9).