A West Virginia quitclaim deed is a written document that passes the interest of the person giving up the property to the person receiving it, using the statutory deed form or words to the same effect.[1] In general, it does not promise that the title is clear. Many people use it to move property between family members, spouses or close friends.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current West Virginia law. If you notice an error or outdated information, please contact us.
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West Virginia law lets a deed be made in the statutory form or in words to the same effect.[1] To be recorded, each signature must be acknowledged by the signer, or proved by two witnesses, before the clerk of the county commission.[2] The deed must also name the person who prepared it.[3] Some deeds need the grantee's signature too, as explained below.[2]
Three sections of the West Virginia Code govern the points on this page:
The recording statute puts the signing rule this way:
The clerk of the county commission of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same to record in the clerk's office, as to any person whose name is signed thereto, when it shall have been acknowledged by such person or proved by two witnesses as to such person before such clerk of the county commission.
In plain words, the clerk records the deed as to each signer who either acknowledged the signature or had two witnesses prove it before the clerk.[2] An acknowledgment is the signer's formal statement that the signature is their own. Our form has two Witness lines under each Grantor block and a notary acknowledgment block on page 5.
A deed must name the person who prepared it, and any governmental agency that prepared it. The name must appear at the end of the deed and be printed, typewritten, stamped or signed in a legible manner. The county clerk may not record or file a deed that does not meet this rule.[3]
The clerk of the county commission in the county where the property is located admits the signed deed to record once the signing rules above are met.[2]
Under W. Va. Code § 40-1-9, an unrecorded deed is void as to creditors and later purchasers for value who have no notice of it, until it is recorded in the county where the property is located.[4]
A deed subject to the transfer excise tax must carry a Declaration of Consideration or Value when it is offered for recording: a statement on the face or at the end of the deed, signed by the grantor, grantee or another responsible party, giving the consideration paid or the value of the property (W. Va. Code § 11-22-6).[5]
The recording fee is set by state law, not by each county: the clerk of the county commission charges $30 to record a deed of conveyance, plus $1 for each additional page when the deed runs over five pages (W. Va. Code § 59-1-10).[6]
The clerk may not admit certain deeds to record unless the grantee has also signed the deed and acknowledged the signature, or two witnesses have proved it, before the clerk of the county commission.[2] This applies to:
The statute exempts transfer on death deeds and certain listed family transfers under $2,000.[2]
A quitclaim deed in West Virginia involves two parties and several other people who help make the real estate transfer official. The owner who gives up an interest in the property is the grantor, and the person who receives it is the grantee. Witnesses, a notary and the county clerk then handle the signing and the recording of this legal document.
A quitclaim deed goes faster when you have the key information on hand before you start. Collect the names and addresses of both parties, the property details and a copy of the current deed. Then plan a time when every signer, the witnesses and a notary can be in the same place.
Keep a copy of the signed deed for your own records and file the original with the county clerk's office.
Our quitclaim deed form has seven pages. Page 1 holds the header, date, grantor, grantee and property. Page 2 has the no-warranty terms, page 4 is the signature page, page 5 is the notary acknowledgment, page 6 is Exhibit A, and page 7 is for the grantee. Page 3 is blank. You can fill in the downloaded PDF with our PDF editor or build the deed online with our document builder.
Our quitclaim deed form uses plain transfer wording. The person giving up the property quit claims all of their right, title and interest, if any, to the person receiving it. The form also says the property passes without any warranty and subject to matters of record, as the points below explain.
These terms come from the form itself. They are not a statement of what the W. Va. Code requires, so ask the county clerk or a lawyer if you are unsure how they apply to your property.
Getting a quitclaim deed in West Virginia comes down to a deed in the right form and signatures that meet the recording rules. The answer below covers the form, and the signature rules are in the laws section above.
Prepare a written deed in the form the statute gives, or in words to the same effect. The statutory form names the date, the parties, the consideration, the words of grant and the property. It also has room for covenants or other provisions and ends with the signature.
A deed in that form passes the estate or interest in the property that the grantor could lawfully convey.[1] You can start from our free quitclaim deed form or build the deed online.
General information, not legal or tax advice.
Unless noted otherwise, the sources below are from the W. Va. Code.
