How to Change a Name on a House Deed in NJ: Forms, Fees, and Taxes

To change a name on a house deed in New Jersey, you prepare and record a brand-new deed that transfers the property from the current owner (the grantor) to whoever should hold title going forward (the grantee). You cannot cross out, edit, or write over the existing deed. The new deed is filed with the county clerk or register of deeds in the county where the property sits, together with a state tax certification and the applicable fees.

The whole process usually takes an afternoon of paperwork and a trip (or an e-filing) to the county. What deserves your attention is choosing the right deed, filling it out to statutory standards so it isn’t kicked back, and understanding the tax and mortgage consequences before you sign anything.

Pick the Right Type of Deed

New Jersey uses two deed types for the kind of transfer most name changes involve:

Bargain and sale deed with covenants. The most common deed in New Jersey. It transfers the grantor’s full interest and includes a promise that the grantor hasn’t done anything to damage the title while they owned the property. For most transfers between family members, this is the safer choice.
Quitclaim deed. Transfers whatever interest the grantor has, with no guarantees. It fits situations like clearing a title defect, removing an ex-spouse after divorce, or moving property into your own trust.

A quitclaim isn’t inferior on its own terms, but it gives the grantee no recourse if a title problem surfaces later. When someone new is genuinely gaining an ownership interest, a bargain and sale deed with covenants generally makes more sense.

What the New Deed Must Contain

New Jersey has specific requirements for a deed to be accepted for recording, and missing any one of them can get the document rejected. The deed must include:¹

Full legal names of all grantors and grantees, used consistently throughout the document.
The property’s legal description, copied word-for-word from the prior recorded deed, including the municipal tax map block and lot number.
A consideration amount. For non-sale transfers, this is typically a nominal figure such as “$1.00.”
The preparer’s printed name and signature on the first page.
The grantee’s mailing address, where the recorded deed will be returned.
A county cover sheet, required on all documents submitted for recording in New Jersey since May 2017.

The deed must be in English (or come with an English translation) and fully legible, notary block included. Getting the legal description wrong is one of the most common reasons deeds are rejected or later need correction, so check it against the prior deed carefully.

The GIT/REP Form

Every deed recorded in New Jersey must be submitted with a Gross Income Tax form.² For most non-sale transfers between family members, that’s the GIT/REP-3, the Seller’s Residency Certification/Exemption. It declares either that the grantor is a New Jersey resident who will report any gain on their state return, or that the transfer qualifies for an exemption from the estimated income tax that nonresidents would otherwise owe on New Jersey real estate transfers.³

The county clerk will not record a deed without the correct GIT/REP form attached. If you’re unsure which version applies, the Division of Taxation’s FAQ page compares them.

Signing and Notarizing

Every grantor named on the deed has to sign it and have that signature acknowledged before a notary public or other authorized officer. A deed that isn’t properly acknowledged cannot be recorded.¹ New Jersey permits remote notarization by communication technology, which helps when grantors live in different places.

Each grantor’s name should be printed beneath their signature, matching how it appears elsewhere in the deed. The grantee doesn’t sign. Only the person giving up their interest does.

Filing, Recording Fees, and the Realty Transfer Fee

Once signed and notarized, the deed, cover sheet, and GIT/REP form go to the county clerk or register of deeds and mortgages in the county where the property is located. Many counties accept electronic recording through certified e-filing services.

Recording Fees

Counties charge a per-page recording fee. The amounts vary a little, but they’re in a similar range statewide. Monmouth County, for example, charges $40 for the first page and $10 for each additional page, and the cover sheet counts as a page in most counties. A typical deed recording runs somewhere between $50 and $100.

Realty Transfer Fee and Exemptions

New Jersey imposes a Realty Transfer Fee based on the consideration paid for the property. For transfers under $350,000, the rate starts at $2.00 per $500 of consideration and steps up at higher tiers.⁴

For name changes, though, the more useful news is the list of exemptions. The RTF does not apply to a deed:⁵

Between spouses or civil union partners, or between parent and child.
For consideration of less than $100 (exactly $100 does not qualify).
From an executor or administrator to an heir or beneficiary under a will or intestate succession.
Recorded within 90 days of the divorce decree that dissolves the marriage between grantor and grantee.
Correcting or confirming a previously recorded deed.
Solely providing or releasing security for a debt.

If you’re claiming an exemption, you complete an Affidavit of Consideration identifying which one applies. Transferring a home into a revocable living trust where the grantor is also the beneficiary typically fits under the under-$100 exemption or a trust-specific exemption, depending on how the deed is written.

If the House Has a Mortgage, Read This First

Transferring the deed does not transfer the mortgage. The original borrower stays personally responsible for the loan. Most mortgages also include a due-on-sale clause allowing the lender to demand full repayment when ownership changes.

Federal law limits when a lender can actually enforce that clause. Under the Garn-St. Germain Act, a lender on a residential property of fewer than five units cannot call the loan due for:⁶

A transfer where a spouse or child becomes an owner.
A transfer resulting from a divorce decree or separation agreement.
A transfer on the death of a joint tenant or co-owner.
A transfer into a living trust where the borrower remains a beneficiary and continues to occupy the property.

Transfers outside those categories (to a sibling, an unrelated party, or an LLC, for instance) are not protected, and the lender can technically call the loan. Even for protected transfers, a quick call to your servicer before recording avoids surprises.

Tax Consequences to Weigh Before You Sign

Deeding a house to someone is not just a paperwork exercise. The tax side can dwarf the recording fees.

Gift Tax

Transferring property to anyone other than your spouse for less than fair market value is a gift for federal tax purposes. When the value exceeds the 2026 annual exclusion of $19,000 per recipient, the grantor must file a federal gift tax return on Form 709, though tax is rarely owed.⁷ The excess reduces the lifetime exemption, which is $15,000,000 for 2026.⁸ Married couples can split gifts, doubling the annual figure to $38,000 per recipient. Transfers between spouses fall under the unlimited marital deduction and are not taxable gifts.

Cost Basis: Gifting Now vs. Inheriting Later

This is where families most often get burned. A lifetime gift carries the grantor’s original cost basis to the recipient. If you bought the house for $150,000 and it’s now worth $600,000, your child takes a $150,000 basis; a later sale at $600,000 generates a $450,000 taxable gain.

Property that passes at death gets a stepped-up basis equal to the fair market value on the date of death.⁹ Same house, $600,000 date-of-death value, immediate sale, no taxable gain. For an appreciated home, the difference between gifting and inheriting can run into six figures.

Medicaid Lookback

If long-term care is on the horizon for the grantor, be careful. New Jersey applies a 60-month lookback to asset transfers.¹⁰ Transferring a home for less than fair market value inside that window can produce a penalty period of Medicaid ineligibility, with the family responsible for nursing home costs during the penalty.

Some transfers are exempt from the penalty, including transfers to a spouse, a child under 21, a blind or disabled child, a sibling with an existing equity interest who has lived in the home for at least a year, or a child who lived in the home and cared for the owner for at least two years before the owner entered a facility.¹⁰ Anyone transferring a home as part of Medicaid planning should talk to an elder law attorney before signing.

After the Deed Is Recorded

The county doesn’t keep the original deed. It’s returned by mail to the grantee at the address printed on the document. Keep it somewhere safe; you’ll want it for a future refinance, sale, or additional transfer.

One item that catches homeowners off guard: an owner’s title insurance policy usually protects only the named insured, and only while that person retains an interest in the property. Moving the home into a trust or adding someone to title can end coverage under the existing policy. Call your title insurer before recording to find out whether coverage will survive the transfer or whether you need a new policy.

A Word on Surviving Owners

If a co-owner has died and the property was held with rights of survivorship (as joint tenants or as tenants by the entirety), you generally don’t need a new deed to change ownership. The surviving owner records proof of the death, often an affidavit of survivorship along with a certified death certificate, to clear the title. Property that passes under a will or by intestate succession does require a new deed, from the executor or administrator of the estate to the heir or beneficiary.

1
Burlington County, NJ – Official Website. Requirements for a Recordable Deed
2
NJ Division of Taxation. FAQs on GIT Forms Requirements for Sale/Transfer of Real Property in New Jersey
3
New Jersey Division of Taxation. Seller’s Residency Certification/Exemption
4
NJ Division of Taxation. Realty Transfer Fee
5
Justia. New Jersey Code 46:15-10 – Exemptions
6
Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
7
Internal Revenue Service. Instructions for Form 709
8
Internal Revenue Service. What’s New – Estate and Gift Tax
9
Office of the Law Revision Counsel. 26 USC 1014 – Basis of Property Acquired From a Decedent
10
Legal Information Institute. N.J. Admin. Code 10:71-4.10 – Transfer of Assets