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Free New Mexico Quit Claim Deed Form
Use this free New Mexico quit claim deed form to transfer real property between individuals, family members, LLCs, corporations, or trusts. The deed follows the New Mexico statutory quitclaim form and is recorded with the County Clerk of the county where the property is located. New Mexico has no statewide real estate transfer tax, but the City of Santa Fe imposes a high-end excise tax on certain transfers inside its city limits, and a transfer of residential property generally requires a Residential Property Transfer Declaration Affidavit filed with the county assessor.
This form follows the New Mexico statutory quitclaim form (NMSA 1978, § 47-1-44), adds the community property spouse joinder when a married Grantor's spouse must join (§ 40-3-13), and lists the Residential Property Transfer Declaration Affidavit and City of Santa Fe excise tax steps that apply when you record.
New Mexico Quit Claim Deed Form
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Your deed needs to be notarized before recording
All quit claim deeds must be notarized to be legally valid. Notarize online from your phone or computer — no travel required, available 24/7.
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Before recording a quit claim deed in New Mexico, make sure the document meets these requirements:
- ✓Deed must be in writing, name the grantor(s) and grantee(s), and be signed by the grantor(s)
- ✓Each grantee's mailing address must appear in the deed, as in the statutory quitclaim form (NMSA 1978, Section 47-1-44)
- ✓Property must be identified by its legal description, either in full or by reference to a recorded deed, plat, or other instrument (NMSA 1978, Section 47-1-46)
- ✓Each signature must be acknowledged before a notary public or other notarial officer
- ✓No witnesses and no seal are required
- ✓A married grantor's spouse must join in a transfer of community real property, or of property the spouses own together as joint tenants or tenants in common (NMSA 1978, Section 40-3-13)
- ✓Prepared with 1.5 inch margins on every page and 10 point minimum type, meeting the strictest New Mexico county clerk formatting rules
- ✓Must be recorded with the County Clerk of each county where the property is located (NMSA 1978, Section 14-9-1)
- ✓Recording fee set by NMSA 1978, Section 14-8-15, currently $25 for a document with up to 10 index entries
- ✓Residential Property Transfer Declaration Affidavit filed with the county assessor within 30 days after recording, unless an exemption applies (NMSA 1978, Section 7-38-12.1)
After You Record Your Deed in New Mexico
After the County Clerk records your deed, the original is returned to the address shown on the recorded document. If the property is residential, file the Residential Property Transfer Declaration Affidavit with the county assessor within 30 days after recording, unless your transfer is exempt. The assessor uses the recorded deed to update ownership, and future property tax statements go to the name and address printed on the deed. If the property is inside the City of Santa Fe city limits, the City's excise tax report must be resolved before recording, not after.
Common Uses for a Quit Claim Deed in New Mexico
New Mexico quit claim deeds are used most often to move property between spouses, to settle property after a divorce, to transfer a home into a revocable living trust, and to pass rural land or mineral interests within a family. Because New Mexico is a community property state, a married owner's spouse often must join in the deed even when only one spouse is named on title. This form asks whether the property is community property or co-owned with the spouse, and adds the spouse's joinder, signature, and acknowledgment when it is, or when you are not sure.
New Mexico Quit Claim Deed FAQ
Does a quit claim deed need to be notarized in New Mexico?
Yes. Each person who signs the deed must acknowledge the signature before a notary public or other notarial officer before the deed can be recorded. New Mexico recognizes remote online notarization, so the acknowledgment can be completed online. No witnesses and no seal are required on a New Mexico quitclaim deed.
Where do I record a quit claim deed in New Mexico, and what does it cost?
Record the deed with the County Clerk of each county where the property is located (NMSA 1978, Section 14-9-1). New Mexico has 33 counties, each with its own County Clerk. The recording fee is set by NMSA 1978, Section 14-8-15, and is currently $25 for a document with up to 10 index entries. Check the current fee with the County Clerk before you record. For paper recording, bring the original signed and acknowledged deed; for electronic recording, use the county's e-recording transmittal sheet.
Is there a transfer tax in New Mexico?
New Mexico has no statewide real estate transfer tax. The City of Santa Fe, however, imposes a high-end excise tax on certain transfers of property inside its city limits. Every transfer inside the city limits requires the City's report and voucher (Part A), even when no tax is due, and any tax or exemption must be resolved with the City before the deed is recorded.
Do both spouses need to sign a quit claim deed in New Mexico?
Often, yes. Under NMSA 1978, Section 40-3-13, both spouses must join in any transfer of community real property, and of separate real property the spouses own together as joint tenants or tenants in common. A transfer made without that joinder is void. A married person may convey sole and separate property alone, such as property owned before the marriage or received by gift or inheritance and kept separate. When you are not sure, have the spouse join. This form adds the spouse's joinder, signature, and acknowledgment whenever the property is community property, co-owned with the spouse, or of uncertain status.
What is the Residential Property Transfer Declaration Affidavit?
It is the affidavit New Mexico requires for a transfer of residential property (NMSA 1978, Section 7-38-12.1). It is filed with the county assessor, not the County Clerk, within 30 days after the deed is recorded. A quitclaim deed is not automatically exempt: the quitclaim exemption covers only deeds that quiet title or resolve boundary disputes. Other exemptions, such as certain transfers between family members, gifts, transfers to or from a trust, estate transfers, and corrective deeds, may apply. Check with the county assessor whether your transfer must file it.
What legal description do I use in a New Mexico quit claim deed?
Use the legal description from the deed that gave the grantor title. You can copy the full description, or describe the property by reference to a recorded deed, plat, or other instrument, identified by its book and page or document number and the county where it is recorded (NMSA 1978, Section 47-1-46). A street address alone is not a legal description.
What to Bring When Recording Your New Mexico Quitclaim Deed
Before you go to the County Clerk's office, make sure you have everything on this list to avoid delays.
- 1The original signed and acknowledged deed for paper recording, or the county's e-recording transmittal sheet if you record electronically
- 2The recording fee, currently $25 for a document with up to 10 index entries (NMSA 1978, Section 14-8-15); confirm the amount and accepted payment methods with the County Clerk
- 3If an attorney in fact signs, the recording reference for the acknowledged power of attorney, or the original power of attorney to record with the deed (NMSA 1978, Section 47-1-7)
- 4If the property is inside the City of Santa Fe city limits, confirmation that the City's excise tax report and voucher (Part A) was filed and any tax paid or exemption resolved
- 5After recording: the Residential Property Transfer Declaration Affidavit for the county assessor, due within 30 days, unless the transfer is exempt
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