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Commonly Asked Questions about Marital Property Deed Transfer

INTERSPOUSAL TRANSFER DEED The distribution of a legal entitys property to a spouse or former spouse in exchange for the interest of such spouse in the legal entity in connection with a property settlement agreement or a decree of dissolution of a marriage or legal separation.
The New York State transfer tax is 0.4% for properties below $3,000,000 and 0.65% for those $3,000,000 and up. The New York City transfer tax is 1% for properties below $500,000 and 1.425% for those $500,000 and up. The transfer tax is based on the purchase price of the property.
The fees involved in filing a quitclaim deed depend on the type of real estate being transferred. Filing a deed for a farm or residential property typically costs $125 and $250 for other types of property. There may be additional fees involved when filing your forms.
Sellers pay a combined NYC NYS Transfer Tax rate of 2.075% for sale prices of $3 million or more, 1.825% for sale prices above $500k and below $3 million, and 1.4% for sale prices of $500k or less.
The filing fee is generally $125 for residential and farm properties and $250 for all other properties. The county clerks office collects the RP-5217 filing fee. The county clerks office should be reviewing the RP-5217 forms for completeness, not for accuracy.
An interspousal transfer gives full interest in the property to the transferee, whereas a quitclaim leaves the transferer still liable for any obligations related to the property, even though the transferer no longer has a residential interest in it.
An interspousal transfer deed is used to transfer the property title from one spouse to another. This special type of deed is most commonly used in the case of divorce, when the proceedings result in the requirement that property goes to one spouse over the other.
A New York deed must be filed with a Real Property Transfer Report (Form RP-5217). Form RP-5217 documents the details of the real estate transfer. The current owner and new owner must both sign the completed form.