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 Rapi Stack · 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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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 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.
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.
The rest of what New Mexico requires
The figures below are New Mexico's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Mexico page for that document.
- Security deposit cap · as of 2026
- 1 month's rent (leases under 1 yr; no cap on longer) N.M. Stat. §47-8-18 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out N.M. Stat. §47-8-18 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days N.M. Stat. §47-8-18 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Notice to cure a lease violation · as of 2026
- 7 days N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Small claims limit · as of 2026
- $10,000 NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Where you file · as of 2026
- Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) · filing fee $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Rental application fee · as of July 2026
- Capped at $50 screening fee (eff. 9/20/2025) New Mexico Legislature ↗
- Bill of sale notarization · as of 2026
- Not required New Mexico MVD (Form MVD-10009) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.M. Stat. §45-5B-105 (form §45-5B-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules NMSA 1978, § 53-19-2(O) (definition) ↗
Quitclaim deed in other states
More New Mexico legal forms
Different state? See quitclaim deeds by state →