New Mexico Quitclaim Deed
Transfer your interest in a New Mexico property — between family, into a trust or LLC, or after a divorce — and download a print-ready PDF with New Mexico’s signing rules built in. Free, no signup.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
New Mexico deed rules · as of 2026
- Witnesses (besides notary)
- None — notary only
- Where to record
- County Clerk
- Transfer tax
- No state transfer tax
Source: NMSA 1978, § 14-8-4 · verify ↗. A deed moves real property — have someone qualified review it before you sign, and record it promptly.
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Prepared by: __________
After recording, return to: __________
Quitclaim Deed
State of New Mexico · County of __________
This Quitclaim Deed is made on __________ by __________ and __________ ("Grantor"), in favor of __________ and __________ ("Grantee").
For and in consideration of __________ , the receipt and sufficiency of which are acknowledged, Grantor hereby remises, releases, and forever quitclaims to Grantee all of Grantor's right, title, and interest in the real property located in __________,New Mexico, described as follows:
__________
Parcel / Tax ID: __________
TO HAVE AND TO HOLD the premises unto Grantee and Grantee's heirs and assigns forever — without any covenant or warranty of title, express or implied.
State of New Mexico, County of ____________ — acknowledged before me on ____________ by the above-named Grantor(s).
Notary Public: ____________________ · My commission expires: ____________
Generated with SealFormsReflects New Mexico law · verified 2026
When a quitclaim deed is the right tool — and when it isn't
- Right: adding or removing a spouse after marriage or divorce, transferring into your living trust or LLC, gifts between family members, clearing a title cloud.
- Wrong: buying property from someone you don't know — a quitclaim carries no warranty of title. Use a warranty deed and title insurance for purchases.
New Mexico signing & recording
No — in New Mexico the grantor's notarized signature is enough; no separate witnesses are required (NMSA 1978, § 14-8-4, as of 2026). NMSA 1978, § 14-8-4 — an instrument may be recorded only if 'duly acknowledged', i.e., notarized by a person empowered under the Revised Uniform Law on Notarial Acts Record the signed deed with the County Clerk. Check the current New Mexico deed rules before recording.
Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.
Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗
Frequently asked questions
Does a quitclaim deed guarantee I own the property?
No — and this is the single most important thing to understand. A quitclaim deed transfers only whatever interest the grantor actually has, with no warranty of title. If the grantor's title is defective or they own nothing, the grantee receives nothing and has no claim against them. That is why quitclaims are used between people who trust each other (family, divorce, trusts) — for a purchase from a stranger, use a warranty deed and title insurance.
Does New Mexico require witnesses on a quitclaim deed?
No — in New Mexico the grantor's notarized signature is enough; no separate witnesses are required (NMSA 1978, § 14-8-4, as of 2026). NMSA 1978, § 14-8-4 — an instrument may be recorded only if 'duly acknowledged', i.e., notarized by a person empowered under the Revised Uniform Law on Notarial Acts
Where do I record the deed in New Mexico?
With the County Clerk where the property is located. Recording is what makes the transfer visible to the world — an unrecorded deed can be valid between the parties but lose to a later buyer or lender who records first. Take the original signed deed, pay the recording fee, and keep the returned stamped copy.
Is there a transfer tax in New Mexico?
New Mexico does not levy a state real-estate transfer tax on deeds (as of 2026). Local recording fees still apply, and the recorder may require a cover sheet or tax form even for exempt transfers.
Can I use a quitclaim deed to remove someone from a mortgage?
No. A deed changes who owns the property — it does not touch the loan. If both names are on the mortgage, both remain liable until the loan is refinanced or the lender releases the borrower, no matter what the deed says. Signing away your ownership while staying on the loan is usually the worst of both worlds.
How does New Mexico compare? See the deed witness requirements in all 50 states, every rule cited to statute.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: NMSA 1978, § 14-8-4 ↗.
- New Mexico is one of 13 of 51 jurisdictions that charge no state transfer tax on deeds (38 charge a transfer or documentary tax when a deed is recorded).
- Witnesses required (beyond the notary)
Witnesses required (beyond the notary): 0, exactly the national median.
This is the most common figure nationally — shared by 45 other states.
Witnesses required (beyond the notary) in neighboring states — Arizona (0), Colorado (0), Oklahoma (0), Texas (0), Utah (0). Every neighboring state with a rule matches New Mexico.
Quitclaim deed in other states
More New Mexico legal forms
Different state? See quitclaim deeds by state →