The transfer of property is a formal process that must occur to document the legal owner of property at a given time. Deed transfers may involve large real estate transactions, the transfer of property between family members that have a nominal value, and the transfer of property as part of a divorce, among others.
Because of the complicated nature of deed transfers—especially in New Jersey—speaking with an attorney is a wise decision. At Hudson Law Firm, we offer clients much more than assistance with deed transfers. Our team of skilled real estate attorneys assists clients with the creation of wills, trusts, additional estate planning services, criminal defense, and more.
If you need assistance with a deed transfer—whether through the purchase of real estate, through a divorce matter, or among family members—contact Hudson Law Firm today to discuss your options. We serve clients in Union City, New Jersey, as well as Jersey City, Bayonne, Hoboken, and North Bergen.
All deeds in New Jersey must meet numerous requirements to be considered valid. The main requirements include the following:
Written in English
Identify the seller, known as the grantor
Identify the buyer, known as the grantee
Identify the name of the person who prepared the deed
State the amount paid for the transfer of property (consideration)
State the legal description of the property, and
Signed by the grantor in front of a notary
Because there are different types of deeds in New Jersey, some requirements may vary, which is one reason why speaking with an attorney is crucial.
All deeds in New Jersey must be recorded in the county where the property is located. Rules vary by county, but the general process and requirements remain the same. Without a recorded deed, a party would not be able to prove ownership of property.
In New Jersey, a quitclaim deed is one in which the owner of property (grantor) releases or passes ownership of the property over to a person who purchases the property (grantee). Quitclaim deeds are commonly used to pass property among family members. As such, the purchase price on many quitclaim deeds is a nominal value, such as $1.00, for example. Quitclaim deeds do not provide any warranties or promises regarding the property at issue and would not defend against any claims concerning the property.
A general warranty deed transfers the title of property over from a seller (grantor) to a purchaser (grantee). Unlike a quitclaim deed, a general warranty deed “warrants” that no other party can claim an interest in the property, and if another party does claim an interest, the grantor will defend against such assertion of interest.
Similar to a general warranty deed, a special warranty deed, which transfers property from a seller (grantor) to a purchaser (grantee), warrants that the grantor will warrant and defend against claims only arising with regard to the grantor, not the grantee. In other words, a general warranty deed warrants and defends against all claims with regard to the grantor or grantee, while the special warranty deed only protects against claims arising out of the grantor and the property at issue.
Deed transfers can be confusing, and many individuals wishing to transfer or purchase property might be able to learn enough to handle the process without a legal professional. However, a deed transfer attorney in New Jersey can limit the amount of stress and uncertainty associated with the process. By enlisting the services of an attorney, individuals are placing themselves in a far better position to handle a deed transfer with a minimal amount of stress.
Property matters can be intimidating and technical—and many attorneys who handle other practice areas find property law to be one of the most confusing areas of the law. If you need assistance with any type of deed transfer, work with a real estate lawyer who has extensive experience handling deed transfers. Serving Union City, New Jersey, as well as Jersey City, Bayonne, Hoboken, and North Bergen, reach out to Edward at Hudson Law Firm for a consultation.