New Mexico Quitclaim Deed: Requirements, Recording and Taxes

A New Mexico quitclaim deed is a statutory deed: under NMSA 47-1-30, a deed following the "quitclaim deed" form in 47-1-44 conveys "any interest the grantor owns in the premises, without warranty." The grantor signs it, acknowledges it before a notary, and records it with the county clerk of the county where the land lies; in this community property state, a married grantor's spouse often has to join. 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 Mexico law on quitclaim deeds: the conveyancing statutes in NMSA Chapter 47, Article 1, the recording statutes in Chapter 14 (Articles 8, 9 and 9A), spousal joinder for community property in 40-3-13, the residential transfer affidavit and valuation rules in Chapter 7, and the transfer on death deed in Chapter 45, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, county recording practices beyond the statutes, municipal or county ordinances, or other states' laws.

What a quitclaim deed does in New Mexico

A New Mexico quitclaim deed transfers whatever the grantor owns, with no promise that the grantor owns anything. Under 47-1-30, "A deed in substance following the form entitled 'quitclaim deed' shall, when duly executed, have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use of any interest the grantor owns in the premises, without warranty."

The statutory form in 47-1-44(3) (with a version in 47-1-44(4) for a deed to joint tenants) uses the operative word "quitclaim": the grantor, "for consideration paid, quitclaim[s]" the property to the grantee, "whose address is" stated, followed by a description of "the following described real estate in ......... county, New Mexico." Under 47-1-32, the word "grant" is also enough to convey, and no covenant is implied from it.

Because it carries no warranty, a quitclaim is the usual tool for family and title-clearing transfers rather than sales. For how deeds with title promises compare, see quitclaim vs. warranty deeds.

The only official quitclaim "form" is the statutory text in 47-1-44. No state agency publishes a fill-in quitclaim deed. The county clerk can explain recording requirements but cannot give legal advice, and a lawyer licensed in New Mexico can prepare the deed.

New Mexico quitclaim deed requirements

Under 47-1-5, "All conveyances of real estate shall be subscribed by the person transferring his title or interest in said real estate, or by his legal agent or attorney."

Acknowledgment before a notary

Acknowledgment is the gateway to the public record. Under 14-8-4, "Any original instrument of writing duly acknowledged may be filed and recorded. Any instrument of writing not duly acknowledged may not be filed and recorded or considered of record, though so entered, unless otherwise provided in this section." "Acknowledged" there means notarized by a person empowered under the Revised Uniform Law on Notarial Acts.

Sections 47-1-5 and 14-8-4 call for the grantor's signature and acknowledgment. The statutory form ends with "Witness ... hand and seal," a traditional signing formula, and 47-1-6 provides: "No seal or scroll is necessary to the validity of any contract, bond or conveyance, whether respecting real or personal property, or any other instrument of writing."

Format

New Mexico's recording statutes do not set statewide margin, page-size or font rules. Section 14-8-7 requires only that clerks record "by a method that ensures permanency and durability." Ask the county clerk for its own formatting requirements before you submit the deed.

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

Often, yes. New Mexico is a community property state, and 40-3-13(A) requires both spouses to join in a transfer of community real property and of separate real property the spouses own together as joint tenants or tenants in common. A deed by one spouse alone in that situation is void:

"Any transfer, conveyance, mortgage or lease or contract to transfer, convey, mortgage or lease any interest in the community real property or in separate real property owned by the spouses as cotenants in joint tenancy or tenancy in common attempted to be made by either spouse alone in violation of the provisions of this section shall be void and of no effect, except that either spouse may transfer, convey, mortgage or lease directly to the other without the other joining therein." (NMSA 40-3-13)

That exception covers the most common family quitclaim. One spouse can deed property directly to the other without the other's signature. A spouse can also transfer separate real property that is not co-owned with the other spouse without joinder, and a spouse who did not join may ratify the transfer in writing at any time under 40-3-13(B).

Deciding whether property is community or separate can be hard, so ask a New Mexico lawyer before one spouse signs alone. If the deed is part of a divorce, see our guide to New Mexico divorce laws.

Watch out: A deed from one spouse to a child, a trust or anyone else that conveys community real property without the other spouse joining is void under 40-3-13(A). The spouse-to-spouse exception does not reach transfers to third parties.

Recording a quitclaim deed with the county clerk

Deeds are recorded by the county clerk, who serves as the recorder (14-8-1). Under 14-9-1, "All deeds ... and other writings affecting the title to real estate shall be recorded in the office of the county clerk of the county or counties in which the real estate affected thereby is situated." Once recorded, the deed becomes part of the county land records; see our guide to New Mexico property records.

What recording does

Recording protects the new owner against people who do not know about the deed. Under 14-9-3, "No deed, mortgage or other instrument in writing not recorded in accordance with Section 14-9-1 NMSA 1978 shall affect the title or rights to, in any real estate, of any purchaser, mortgagee in good faith or judgment lien creditor, without knowledge of the existence of such unrecorded instruments."

So an unrecorded quitclaim is still effective between the grantor and grantee. It is exposed to a later purchaser, good-faith mortgagee or judgment lien creditor who does not know about it until it is recorded.

Recording fee

New Mexico sets a uniform recording fee by statute. Under 14-8-15, "Unless otherwise specified by law, the county clerk shall collect a recording fee of twenty-five dollars ($25.00) for each document filed or recorded by the county clerk." Another $25 applies for each additional block of ten or fewer index entries beyond ten, and the clerk may not receive the deed until the fees are paid.

E-recording

New Mexico has adopted the Uniform Real Property Electronic Recording Act (14-9A-1 to 14-9A-7). A county clerk may accept electronic documents, and one who does "shall continue to accept paper documents as authorized by state law." Whether a particular county accepts electronic recording is up to that clerk, so ask before you submit.

Is there a transfer tax on a New Mexico quitclaim deed?

None of the article titles in Chapter 7 (Taxation) of the NMSA is a real estate transfer, conveyance or deed tax. The articles cover subjects such as tax administration, income, gross receipts and compensating taxes, estate tax, vehicles, fuel, liquor, tobacco, severance and property tax. Because municipal and county codes sit in other chapters, ask the county clerk whether any local charge applies to your deed.

Residential property transfer affidavit

A quitclaim of residential property usually comes with a separate filing. Under 7-38-12.1, when a deed transferring residential property is presented for recording, the transferor and transferee (or their agents) must also file an affidavit, in the form approved by the Taxation and Revenue Department, with the county assessor: they "shall also file with the county assessor within thirty days of the date of filing with the county clerk an affidavit signed and completed in accordance with the provisions of Subsection B of this section." The affidavit goes to the assessor, not the clerk.

The affidavit collects the names and mailing addresses of the transferors and transferees, the legal description, the full consideration and the value of any personal property included. Ask the county assessor for the current form.

Many quitclaim situations are exempt from the affidavit under 7-38-12.1(D), including:

Property tax after a quitclaim in New Mexico

A quitclaim can raise the property's taxable value. Under 7-36-21.2, increases in the value of residential property are capped at the higher of 103% of the prior year's value or 106.1% of the value two years earlier. The cap stops applying after a change of ownership: "If a change of ownership of residential property occurred in the year immediately prior to the tax year for which the value of the property for property taxation purposes is being determined, the value of the property shall be its current and correct value."

A change of ownership means a transfer of all or any part of the legal or equitable interest, except for transfers listed in 7-36-21.2(E), including:

• transfers solely between spouses that create, transfer or end a co-owner's interest (E(3));
• a transfer to a child of the transferor "who occupies the property as that person's principal residence at the time of transfer," until the first later tax year in which the child does not qualify for the head of household exemption on that property (E(4));
• deeds that correct an earlier deed (E(5)) and transfers to quiet title (E(6));
• transfers to and from a revocable trust whose beneficiary is the transferor, the transferor's spouse or child (E(7), (8)).

A quitclaim to a child who does not live in the home, or to a sibling or friend, does not fit those exceptions, so the cap does not apply for the following tax year.

The head-of-family exemption in 7-37-4 reduces the taxable value of residential property owned by a New Mexico resident head of a family by up to $2,000. It "shall be applied only if claimed and allowed in accordance with Section 7-38-17 NMSA 1978," so a new owner has to claim it with the county assessor.

A separate valuation limit in 7-36-21.3 applies to a single-family dwelling "owned and occupied by a person who is sixty-five years of age or older or disabled" whose income is under the statutory limit. A person who becomes ineligible because of "a change in the ownership of the property" must notify the county assessor by the last day of February of the following tax year (7-36-21.3(D)), so an older or disabled parent who deeds the home away should expect to lose that limit.

Mortgages and quitclaim deeds

New Mexico'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, before the transfer, the lender and the new owner agree in writing 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 Mexico

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). In New Mexico, deeds are recorded by the county clerk, so ask the clerk whether it offers a recording alert.

Transfer on death deeds as an alternative

If the goal is to pass a home at death rather than now, New Mexico authorizes a transfer on death deed under the Uniform Real Property Transfer on Death Act, NMSA 45-6-401 to 45-6-417, effective January 1, 2014. Under 45-6-409, the deed must have the elements of a recordable deed, state that the transfer occurs at the transferor's death, and "be recorded before the transferor's death in the public records in the office of the county clerk for the county where the property is located." Section 45-6-416 gives an optional form.

For what happens when an owner dies without one, see our guide to New Mexico probate.

Common myths about New Mexico quitclaim deeds

• "A quitclaim is not valid until it is recorded." It is effective between the parties; 14-9-3 protects only a purchaser, good-faith mortgagee or judgment lien creditor without knowledge of it. But an unacknowledged deed cannot be recorded at all (14-8-4).
• "My spouse does not need to sign." A deed by one spouse alone of community real property, or of separate real property the spouses own as joint tenants or tenants in common, is void; the only no-joinder case is a deed directly to the other spouse (40-3-13).
• "Gifting a house to a child keeps the old tax value." Only if the child occupies it as a principal residence at the time of transfer; otherwise the change of ownership lifts the valuation cap for the following tax year (7-36-21.2).
• "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 Mexico property records
• Quitclaim vs. warranty deeds
• New Mexico divorce laws
• New Mexico probate

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

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in New Mexico?

The grantor signs the deed (NMSA 47-1-5), with the spouse joining where 40-3-13 requires it, and acknowledges it before a notary (14-8-4). Record it with the county clerk of the county where the land lies (14-9-1), pay the $25 recording fee (14-8-15), and for residential property file the transfer affidavit with the county assessor within 30 days unless an exemption applies (7-38-12.1).

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

Yes, to be recorded. Under 14-8-4, an instrument that is not duly acknowledged may not be filed and recorded, and acknowledgment means notarization by a person empowered under the Revised Uniform Law on Notarial Acts.

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

For community real property, and for separate real property the spouses own together as joint tenants or tenants in common, yes: a deed by one spouse alone is void under 40-3-13(A). The exception is a deed directly from one spouse to the other, which needs no joinder.

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

Unless another law specifies a different fee, the county clerk charges $25 per document, plus $25 for each additional block of ten or fewer index entries beyond ten (14-8-15). The clerk may not receive the deed until the fee is paid.

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

None of the article titles in Chapter 7 (Taxation) of the NMSA is a real estate transfer or deed tax. Ask the county clerk whether any local charge applies. A residential deed may still need the transfer affidavit under 7-38-12.1.

Does a quitclaim deed remove me from the mortgage?

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

Will a quitclaim deed raise my New Mexico property taxes?

It can. Under 7-36-21.2, the residential valuation cap does not apply in the tax year after a change of ownership, and the property is then valued at its current and correct value. Transfers solely between spouses, to a child who occupies the home as a principal residence, and to or from certain revocable trusts are among the exceptions.