Fill and Sign the Control Number Nh 027 77 Form

© 2016 - U.S. Legal Forms, Inc.         NEW HAMPSHIRE QUITCLAIM DEED [Husband and Wife / Two Individuals to Two Individuals / Husband and Wife] Control Number: NH-027-77 I. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY: A. In the State of New Hampshire, real property can be held by more than one person (concurrent estates) in the following ways: 1. If the Grantees ARE NOT married to each other, they can hold the property as: a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally, their shares are “equal” but may differ in size. b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate. 2. If the Grantees ARE married to each other, they can hold the property as: a. Tenants in Common – See above b. Joint Tenants with the Right of Survivorship – See above 3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common or Joint Tenants with Right of Survivorship. B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/ C. For example: “as Tenants in Common ,” “as joint tenants with the right of survivorship ,” III. Exemptions to Tax on Transfer of Real Property Section 78-B:2, in pertinent part, provides the exceptions to the Tax on Transfers of Real Property as follows: The tax imposed by this chapter shall not apply: I. To a transfer of title to the state, a state agency, a county, a city, a town, a school district, or a village district. II. To the United States, or any agency or instrumentality thereof. III. To a mortgage or other instrument given to secure payment of a debt or obligation. IV. To a discharge of mortgage or other instrument solely to release security for a debt or obligation. V. To a deed or other instrument which corrects a deed or other instrument previously given. VI. To a deed given by a collector of taxes for property purchased at a tax sale. VII. To a transfer of title from one organization exempt from federal taxation under section 501 of the United States Internal Revenue Code of 1986, as amended, to another organization which is also exempt from federal taxation under section 501, when both the transfer organization and the transferee organization are created by or result from the corporate reorganization of a licensed, general, or specialty hospital. VIII. To a transfer of title to the Trust for New Hampshire Lands when the Trust for New Hampshire Lands acquires the real estate for the purpose of transferring title to the real estate so acquired to the land conservation investment program, RSA 221-A, prior to June 30, 1993. The exception provided in this paragraph shall only apply to the Trust for New Hampshire Lands. The seller, grantor, assignor, or transferor of any real estate to the Trust shall still be liable for payment of the tax imposed by RSA 78-B:1. IX. To non-contractual transfers. X. To transfers of cemetery plots. XI. To transfers that occur by devise or by the laws regulating intestate succession and descent or by the death of any cotenant in real estate held by joint tenancy. XII. To the beneficiary of a partnership interest where the partnership dissolves by operation of law due to the death of a partner. XIII. To a transfer of title between spouses pursuant to a final decree of divorce or nullity. IV. ADDITIONAL DOCUMENTS TO BE FILED WITH THIS FORM: 1. Declaration of Consideration (Not required if exemption stated on deed) A Real estate Transfer Tax Declaration of Consideration must be filed with the New Hampshire Department of Revenue. This form may be accessed at the following website address: http://www.nh.gov/revenue/forms/rettforms.htm 2. An ORIGINAL Form PA-34, Real Estate Transfer Questionnaire must be filed with the Department of Revenue within 30 days from the recording of the deed. Due to the scanning procedure and document processing system of the PA-34, only an ORIGINAL Form PA-34 is acceptable. Therefore, downloadable or photocopied PA-34s, even those that bear original signatures, will not be accepted. You will need to contact the Revenue Department directly at 603-271-2687 to obtain an ORIGINAL Form PA-34. A copy of the PA-34 must also be filed with the local assessing officials of the municipality where the property is located. To learn more about exceptions to the real property transfer tax in New Hampshire, please see: http://www.gencourt.state.nh.us/rsa/html/V/78-B/78-B- 2.htm V. 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Quitclaim DeedPage 1 of 2 Please Return To: NO TRANSFER TAX DUE PURSUANT TO NHRSA 78-B:2 QUITCLAIM DEED (Husband & Wife / Two Individuals to Two Individuals / Husband & Wife) KNOW ALL MEN BY THESE PRESENTS , that GRANTORS: , whose address is ; and , whose address is , husband and wife, FOR CONSIDERATION PAID, GRANT TO GRANTEES: , whose address is ; and , whose address is , individuals, as , WITH QUITCLAIM COVENANTS, that certain tract or tracts of land situate in the Town of , County of , and State of New Hampshire, more particularly bounded and described as follows: See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full Legal Description: Quitclaim DeedPage 2 of 2 Meaning and intending to describe and convey the same premises conveyed to the within Grantors by deed from , dated and recorded in the official records of the County Registry of Deeds at Book , Page . IN WITNESS WHEREOF, the Grantors have signed and sealed this deed on the day and year set forth below. Date: Date: (Grantor’s Signature)(Grantor’s Signature) Type or Print NameType or Print Name State of New Hampshire, County of Personally appeared known to me, or satisfactorily proven, to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained, Before me, Notary Public/Justice of Peace My Commission Expires: State of New Hampshire, County of Personally appeared known to me, or satisfactorily proven, to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they executed the same for the purposes therein contained, Before me, Notary Public/Justice of Peace My Commission Expires: Quitclaim DeedExhibit A EXHIBIT A Grantors: Grantees: Legal Description: