A West Virginia quitclaim deed is a legal instrument for quickly and minimally formalizing the transfer of ownership of real property. Unlike more comprehensive deeds, this option does not guarantee a clear title. It simply transfers the grantor’s interest in the property, if any, to the grantee.
This type of deed is common among family members or between close friends where there is a high level of trust. It’s often used to transfer property:
This makes a quitclaim deed an excellent choice for transactions in West Virginia, where trust is not an issue and speed is a priority.
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In West Virginia, the specifics of executing a quitclaim deed form require attention to detail to ensure legality.
According to Section 39-1-2 of the West Virginia Code, any deed must be acknowledged by the person whose name is signed or proved by two witnesses before the county clerk. Notarization is also required.
As per Section 40-1-9, quitclaim deeds must be recorded to be valid against creditors and subsequent purchasers without notice. Recording takes place in the county clerk’s office of the county where the property is located. An unrecorded deed is considered void against any third party without actual knowledge of the transaction.
While West Virginia law does not specify language requirements for quitclaim deeds, the document must clearly describe the transferred property and include all pertinent parties’ names and signatures. The language should be straightforward and legally sound to avoid ambiguity and potential disputes.
In West Virginia, the fee for recording a standard deed, which includes those with or without a plat, trust deed, fixture filing, or security agreement concerning a real estate lease, is $30 (Section 59-1-10).
As specified in Section 11-22-6, West Virginia requires a “Declaration of Consideration or Value” statement to be attached to or included in the deed.
You can download a quitclaim deed that meets West Virginia state requirements or use our document builder.
Fill in the Grantor and Grantee Information
On the form, clearly write the full legal names and addresses of the grantor (the person transferring the property) and the grantee (the person receiving the property). Make sure the names are spelled correctly and match other legal documents.
Describe the Property
Include a detailed legal description of the property. This description is typically found on the previous deed or at the county clerk’s office. It should include boundary lines, lot numbers, and other details uniquely identifying the property.
Prepare the Consideration Statement
State the consideration (the amount of money) being exchanged for the property, if applicable. Even if no money is exchanged (e.g., transferring property as a gift), the deed should clearly state this.
Sign the Deed
The grantor must sign the quitclaim deed in the presence of a notary public. The notary will verify the grantor’s identity and ensure the signing is done willingly and without duress.
Have Witnesses
Following the provisions of Section 39-1-2 of the West Virginia Code, ensure the deed signing is witnessed by two individuals, who can verify the grantor’s identity.
Record the Deed
File the completed quitclaim deed with the county clerk’s office in the county where the property is located. There will be a filing fee, which varies by county. Recording the deed makes it part of the public record, officially transferring the ownership rights.
