New Jersey property deeds
Deed rules are state law, and New Jersey's differ from its neighbours in ways that decide whether your document records or comes back. Here is the whole picture: which deeds exist here, how they have to be signed, what the recorder wants on the page, and what it costs.
- Recording office
- County Clerk (or Register of Deeds and Mortgages)
- Witnesses
- Notary only
- Transfer tax
- Graduated from roughly 0.4% to 1.21% of consideration
- First-page margin
- 3″ top
- Recording fee
- ~$30 first page
- E-recording
- Generally available
Deeds New Jersey recognizes
| Deed | What it does | Available? |
|---|---|---|
| Quitclaim deed | Transfers whatever interest you have in a property, with no promises about the title. | Yes |
| General warranty deed | Transfers ownership with the strongest title guarantees the law allows. | Yes |
| Special warranty deed | Transfers ownership, but only guarantees the title for the period you owned it. | Yes |
| Transfer-on-death deed | Names who inherits your property, skips probate, and changes nothing while you're alive. | No |
| Lady bird deed | An enhanced life estate deed: you keep total control for life, and the property passes automatically at death. | No |
| Life estate deed | You keep the right to live in the property for life; named remaindermen own it after you. | Yes, less common |
| Gift deed | Transfers property to someone as an outright gift, for no payment. | Yes, less common |
New Jersey does not recognize transfer-on-death deeds and lady bird deeds. Recording one here wouldn't achieve what you want.
How a deed has to be signed in New Jersey
New Jersey requires the grantor's signature to be acknowledged before a notary public. No witnesses are required.
| Requirement | Rule |
|---|---|
| Notarization | Required for every signature |
| Witnesses | None |
| Preparer statement | Customary, not required |
| Grantee address on the deed | Required |
| Prior deed reference | Optional |
| Spousal joinder | Not generally required |
New Jersey document formatting rules
County clerks in New Jersey expect 8.5 × 11 inch paper with a 3-inch top margin on the first page and 1-inch margins elsewhere. Type must be at least 10 point. That top margin is the recorder's stamp area. Writing into it is the most common formatting rejection there is.
New Jersey transfer tax and recording fees
New Jersey charges Realty transfer fee at Graduated from roughly 0.4% to 1.21% of consideration, plus a 1% 'mansion tax' paid by the buyer on residential property over $1,000,000. Customarily paid by the grantor.
Common exemptions: transfers between spouses or former spouses under a divorce decree, transfers between parent and child, gifts with no consideration, and senior citizen, blind, and disabled person reduced rates.
A form has to travel with the deed
New Jersey requires Affidavit of Consideration (RTF-1) for exempt or partially exempt transfers with most recorded deeds, including gifts and other exempt transfers. Recorders reject packages that are missing it.
Recording fees run about $30 for the first page plus roughly $10 per additional page. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
How to hold title in New Jersey
- Sole ownership. One person owns everything.
- Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
- Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
- Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.
What the law presumes for married couples
A conveyance to a married couple in New Jersey creates a tenancy by the entirety unless stated otherwise (N.J.S.A. § 46:3-17.2).
Where to record a deed in New Jersey
Deeds are recorded with the County Clerk (or Register of Deeds and Mortgages) in the county where the property is located. New Jersey has 21 counties. Most offices accept e-recording through a submitting service, which is usually same-day.
Bergen · Middlesex · Essex · Hudson · Monmouth · Ocean · Union · Passaic · Camden · Morris. all New Jersey recording offices
Why deeds get rejected in New Jersey
- New Jersey's realty transfer fee is graduated and can reach 1.21%, plus a separate 1% mansion tax on residential sales over $1 million paid by the buyer.
- An Affidavit of Consideration (RTF-1) must be attached whenever a full or partial exemption is claimed.
- New Jersey does not recognize transfer-on-death deeds.
- A conveyance to a married couple creates a tenancy by the entirety by default.
From $39. Every New Jersey rule above is applied automatically, and you read the finished document before you pay.
Common questions
You sign a deed, have it notarized, and record it with the County Clerk (or Register of Deeds and Mortgages) in the county where the property sits. Which deed depends on what you're doing: a quitclaim for family transfers and adding or removing a name, a warranty deed for a sale, and a living trust for probate avoidance.
No. New Jersey does not require an attorney to prepare or record a deed. Use one when ownership is disputed, when the owner has died and the estate has not been probated, when the estate is large enough to owe tax, or when Medicaid planning is involved.
About $30 for the first page plus roughly $10 per additional page. New Jersey also charges realty transfer fee at Graduated from roughly 0.4% to 1.21% of consideration, plus a 1% 'mansion tax' paid by the buyer on residential property over $1,000,000.
No. New Jersey is not among the 32 states plus DC that authorise a transfer-on-death deed. The usual alternatives here are a revocable living trust or survivorship titling.
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 special warranty deedTransfers ownership, but only guarantees the title for the period you owned it.
- New Jersey life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- New Jersey recording officesWhere to file in each county, with fees and contact details.
- Compare all 51 jurisdictionsWitness rules, transfer taxes, and recording fees side by side.
Deedly is not a law firm
We provide self-help software and state-specific statutory 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.