NJSBA Family Law Section

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  • 1.  Quit Claim Deed

    Posted 02-02-2013 12:29 PM
    This message has been cross posted to the following Discussions: Family Law and LGBT Rights Section .
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    Does a Quit Claim Deed by 1 co-owner (tenants in common) to the other owner (formally a co-habitating, unmarried couple) for $1.00 require payment of a Realty Transfer Fee?

    Submitted a Quit Claim Deed for $1.00, along with an Affidavit of Consideration showing the exemption for transfers less than $1, but County Clerk says client must pay Realty Transfer Fee based on the amount of the outstanding mortgage principal. I've never heard of this.


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    Leslie Farber Esq.
    Montclair NJ
    (973)509-8500

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  • 2.  RE:Quit Claim Deed

    Posted 02-06-2013 12:10 PM
    If there is a non-dissolved civil union then you will be exempt. If it is dissolved within 90days as in a divorce, there is no RTF. If it is over 90 days or no union, RTF will have to be paid. Statute was changed July 2010 to add the current amount of the mortgage in such instances as per RTF1. You pay on half of it when you have 2 owners. BTW- I would use a CVG not a Quit Claim deed.

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    Nancy Feinberg Esq.
    South Orange NJ
    (973) 378-8886
    [email protected]
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