How do I Change a Quit Claim Deed in New Hampshire After a Divorce is Final?
By Jennifer Williams
Updated March 30, 2020
A quitclaim deed conveys title to New Hampshire real estate without the guarantees typically included in a warranty deed. Quitclaim deeds are often used to convey real estate between family members or in a New Hampshire divorce when one spouse relinquishes title to the other as part of a marital property settlement. Quitclaim deeds are fairly simple, but mistakes happen. A quitclaim deed may be changed or corrected in New Hampshire by executing a new, corrected deed.
Identity the mistakes in the original quitclaim deed. Section 477.28 of New Hampshire's Revised Statutes sets out the required form of a quitclaim deed. Compare your deed with the statutory requirements and identify any and all areas where required information is omitted or incomplete.
Obtain a blank corrected quitclaim deed form from your county recorder's office or an online legal document provider. If a corrected form is not available, obtain or download a regular New Hampshire quitclaim deed form and re-title it "Corrected Quit Claim Deed."
Fill out the corrected quitclaim deed properly. Provide a statement at the bottom of the deed expressly stating what was changed between the original and corrected deed. Execute the deed as required by law, signing it before a notary and having it notarized. Obtain the property recipient's signature before a notary, if it is also required.
File the corrected quitclaim deed with your county recorder's office in the county where the property is located. Provide file stamped copies to your mortgage company and anyone with a legal interest in the deed, such as the person to whom you conveyed the original deed.
New Hampshire law specifically provides that an error in a deed concerning the mailing address of either the buyer or seller of real property does not require correction. Likewise, New Hampshire law renders almost any error in a deed a non-issue after the deed has been on file for 10 years. Thus, errors in deeds older than 10 years do not require correction.
If you identify errors or omissions in an original deed executed to you rather than by you, you must contact the individual who executed the original deed and persuade him to execute a corrected deed. This requires locating the seller if he has relocated, or possibly negotiating with a former spouse for his cooperation in correcting the deed.
- Justia: New Hampshire Revised Statutes, Section 477.28: Statutory Form of Quitclaim Deed
- Mortgage Fit: Quitclaim Deed: A Deed That Transfers Property-Interest
- Justia: New Hampshire Revised Statutes, Section 477.32-a: Error in or Omission of Mailing Address
- Justia: New Hampshire Revised Statutes, Section 477.16: Deeds Lacking Statement of Consideration
An attorney for more than 18 years, Jennifer Williams has served the Florida Judiciary as supervising attorney for research and drafting, and as appointed special master. Williams has a Bachelor of Arts in communications from Jacksonville University, law degree from NSU's Shepard-Broad Law Center and certificates in environmental law and Native American rights from Tulsa University Law.