New Jersey special warranty deed
Here is what New Jersey actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- County Clerk (or Register of Deeds and Mortgages)
- Witnesses
- Notary only
- Transfer tax
- Graduated from 0.4% to 1.21% of the consideration
- First-page margin
- 3″ top
- Recording fee
- ~$45 first page
- E-recording
- Approved submitters
What a special warranty deed does in New Jersey
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders commonly use it.
The New Jersey law behind this deed
New Jersey has no section written specifically for special warranty deeds. The instrument runs on the general conveyancing and recording statutes below, which is why the requirements here look like those for any other deed in the state.
| What it governs | Citation |
|---|---|
| Conveyances generally | N.J.S.A. § 46:3-13 |
| Recording with the County Clerk (or Register of Deeds and Mortgages) | N.J.S.A. § 46:26A-1 et seq. |
| Homestead and spousal consent | N.J.S.A. § 3B:28-3 |
| Transfer tax | N.J.S.A. § 46:15-7 |
When New Jersey homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What New Jersey requires on the deed
These are the execution and formatting rules county clerks enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What New Jersey says |
|---|---|
| Recording office | County Clerk (or Register of Deeds and Mortgages) |
| Notarization | Required. Each signer must appear before the notary and acknowledge the signature. Signing in front of the notary is the safest practice. |
| Witnesses | None required. A notarial acknowledgment is enough. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | Include a 'when recorded, return to' block so the original comes back to you. Deedly always prints one. |
| Preparer statement | Required. The deed must name who drafted it. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch clear space at the top of page one, 1-inch margins elsewhere, nothing under 10pt. This is the profile Deedly applies. |
| Accompanying form | Form RTF-1 (Affidavit of Consideration for Use by Seller) whenever an exemption is claimed or the deed does not state the full consideration, and a seller's residency form for each seller (Form GIT/REP-3, or Form GIT/REP-1 for a nonresident seller who owes estimated tax) |
| Also required | Your county's recording cover sheet (document summary sheet), on top of the deed. It lists the document type and date, the parties, the block and lot, the consideration and the grantee's mailing address (N.J.S.A. 46:26A-5(b)). Each county publishes its own form. Without a cover sheet the county charges an extra $20 (N.J.S.A. 46:26A-5(c)), and Hudson and Camden counties say it is required. Deedly fills in the county's own cover sheet from your deed in Bergen, Camden, Essex, Hudson, Middlesex, Monmouth, Morris, Ocean, Passaic and Union counties and includes it with your documents. In the other 11 counties, download the form from the county clerk's website and fill it in yourself. |
A spouse may have to sign even if they are not an owner
If a married (or civil union) grantor is conveying the couple's principal residence, the other spouse should sign the deed, or a separate written release, to release the statutory right of joint possession (N.J.S.A. 3B:28-3). Otherwise the grantee takes subject to it. Property held as tenants by the entirety needs both spouses' written consent (N.J.S.A. 46:3-17.4).
How to complete and record it in New Jersey
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the County Clerk (or Register of Deeds and Mortgages) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for New Jersey deeds.
- Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
- Complete Form RTF-1 (Affidavit of Consideration for Use by Seller) whenever an exemption is claimed or the deed does not state the full consideration, and a seller's residency form for each seller (Form GIT/REP-3, or Form GIT/REP-1 for a nonresident seller who owes estimated tax)New Jersey requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the County Clerk (or Register of Deeds and Mortgages)File in the county where the property is located and pay the recording fee. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in New Jersey
| Cost | Typical amount |
|---|---|
| Recording fee | About $45 for the first page and roughly $10 per additional page |
| Transfer tax | Realty transfer fee: Graduated from 0.4% to 1.21% of the consideration, paid by the grantor (seller), plus a Graduated Percent Fee of 1% to 3.5% of the entire consideration, also paid by the grantor, on sales over $1,000,000 of residential, residential farm, cooperative and Class 4A commercial property |
| Notary | A New Jersey notary may charge $15 in total for all the grantors' acknowledgments and oaths in one real estate transfer, however many there are (N.J.A.C. 17:50-1.18). |
| Deedly | $49, one time (launch price, regular $69) |
| Attorney (for comparison) | $150–$700 for the same statutory document |
New Jersey charges a realty transfer fee of Graduated from 0.4% to 1.21% of the consideration, paid by the grantor (seller), plus a Graduated Percent Fee of 1% to 3.5% of the entire consideration, also paid by the grantor, on sales over $1,000,000 of residential, residential farm, cooperative and Class 4A commercial property.
Exemptions that commonly apply to a transfer like this: transfers between spouses or civil union partners, or between parent and child (N.J.S.A. 46:15-10(j)), transfers between former spouses, but only if the deed is recorded within 90 days after the divorce decree (N.J.S.A. 46:15-10(p)), transfers for a consideration of less than $100, counting any mortgage balance the property stays subject to (N.J.S.A. 46:15-10(a)), A reduced rate when a seller who is a New Jersey resident and 62 or older, blind, or permanently and totally disabled sells the one- or two-family home they own and occupy, where every joint owner other than a spouse must also qualify (N.J.S.A. 46:15-10.1), and A reduced rate for low- and moderate-income housing (N.J.S.A. 46:15-10.1). You have to claim the exemption. The recorder won't apply it for you.
Where to record it in New Jersey
New Jersey deeds are recorded with the County Clerk (or Register of Deeds and Mortgages) in the county where the property sits, not where you live. There are 21 counties in New Jersey.
Many New Jersey recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN. E-recording is generally open only to approved submitters such as title companies, attorneys, and lenders, so if you prepared the deed yourself, plan to record in person or by mail. Some offices accept filings from the public through those vendors; your county's website will say.
Recording offices we cover in New Jersey: Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Passaic, Camden, Morris. See all New Jersey recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of New Jersey law that catch people out
- New Jersey's realty transfer fee is graduated and can reach 1.21%. On residential sales over $1 million the seller also pays a Graduated Percent Fee of 1% to 3.5% of the whole price (the old buyer-paid 'mansion tax' ended July 10, 2025).
- Every deed needs a Gross Income Tax seller's form signed by each seller: Form GIT/REP-3 (Seller's Residency Certification/Exemption) or, for a nonresident seller who owes estimated tax, Form GIT/REP-1. The county will not record the deed without it, even for a gift (N.J.S.A. 54A:8-10(d)).
- An Affidavit of Consideration (RTF-1) must be attached whenever a full or partial exemption is claimed or the deed does not state the full consideration, and every deed for more than $1,000,000 also needs Form RTF-1EE (N.J.S.A. 46:15-6, 46:15-7.2).
- Consideration includes the unpaid balance of any mortgage the property stays subject to, so a gift of mortgaged property to anyone other than a spouse, civil union partner, parent or child owes the realty transfer fee on that balance (N.J.S.A. 46:15-5(c)).
- Every deed is recorded with the county's own cover sheet on top (N.J.S.A. 46:26A-5(b)). Without a cover sheet the county charges $20 more (N.J.S.A. 46:26A-5(c)), and Hudson and Camden counties say it is required. Deedly fills in the county's own cover sheet from your deed in Bergen, Camden, Essex, Hudson, Middlesex, Monmouth, Morris, Ocean, Passaic and Union counties and includes it with your documents. In the other 11 counties, download the form from the county clerk's website and fill it in yourself.
- A deed for new construction (a new building never occupied or used) must carry the words "NEW CONSTRUCTION" at the top of page one and the grantor's affidavit, RTF-1 section 6 (N.J.S.A. 46:15-6(c)). Deedly does not print that legend, so it is not the right tool for the first sale of a new building.
- New Jersey does not recognize transfer-on-death deeds.
- A deed to a married couple or civil union partners that names them as spouses creates a tenancy by the entirety unless it says otherwise.
How to hold title in New Jersey
When two or more people take title in New Jersey and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in New Jersey: tenancy by the entirety (married couples only), joint tenancy with right of survivorship, and tenancy in common.
Married couples
A deed to two people that names them as spouses creates a tenancy by the entirety unless the deed expressly says tenancy in common or joint tenancy (N.J.S.A. 46:3-17.2, 46:3-17.3). The same applies to civil union partners (N.J.S.A. 37:1-31).
$49, one time. Your finished deed appears in full before you pay, with New Jersey's witness rules, margins, and recording instructions already applied.
Common questions
No. New Jersey has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization, and recording with the County Clerk (or Register of Deeds and Mortgages). Deedly produces all of that for $49, versus roughly $150–$700 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $45 for the first page and roughly $10 per additional page. New Jersey also charges realty transfer fee of Graduated from 0.4% to 1.21% of the consideration, paid by the grantor (seller), plus a Graduated Percent Fee of 1% to 3.5% of the entire consideration, also paid by the grantor, on sales over $1,000,000 of residential, residential farm, cooperative and Class 4A commercial property, though whether a gift or family transfer is exempt depends on this state's exemptions, listed on this page. The statute sets a base fee of $30 for the first page and $10 for each additional page (N.J.S.A. 22A:4-4.1). Add-on fees, a $10 abstract fee on every deed and, in most counties, a homelessness trust fund surcharge, make the total differ by county, so check your county's schedule. Bergen, Middlesex, Essex, Hudson, Camden and Ocean counties all charge $45 for a deed's first page. Add $20 if you do not attach a cover sheet (N.J.S.A. 46:26A-5(c)) and $6 for each name after the first five. Confirm with your county before mailing.
No. New Jersey requires only that the grantor's signature be acknowledged before a notary public. A New Jersey attorney, a county clerk, a register of deeds and mortgages, or a surrogate (or their deputies) may take the acknowledgment instead of a notary (N.J.S.A. 46:14-6.1). An attorney who does replaces the words "notary public" in the certificate with their own title.
With the County Clerk (or Register of Deeds and Mortgages) in the county where the property is located, not where you live, and not where the buyer lives. New Jersey has 21 counties. Many offices in this state also accept e-recording, but usually only from approved submitters such as title companies.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Often, yes. If a married (or civil union) grantor is conveying the couple's principal residence, the other spouse should sign the deed, or a separate written release, to release the statutory right of joint possession (N.J.S.A. 3B:28-3). Otherwise the grantee takes subject to it. Property held as tenants by the entirety needs both spouses' written consent (N.J.S.A. 46:3-17.4). That surprises people, because the spouse is not becoming an owner. They are releasing rights the law gives them automatically. Deedly adds a joinder block for the signature when it applies.
Keep reading
- New Jersey quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- New Jersey general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- New Jersey life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- New Jersey gift deedTransfers property to someone as an outright gift, for no payment.
- All deed rules for New JerseyRecording offices, transfer tax, witness rules, and fees.
- New Jersey recording officesWhere to file in each county.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.