The Virginia quitclaim deed is a legal document one person, called the grantor, uses to transfer property to another person, called the grantee.
Compared to the warranty and special warranty deeds, the quitclaim deed has the simplest form, which enables the parties to transfer the property without additional formalities. However, the quitclaim deed doesn’t provide any warranties for the grantee. The grantor will not be liable for transferring the property if there are other claims to the property title.
Therefore, the grantee should always check the property title to make sure there are no limitations to the property title before making the transfer using the quitclaim deed.
Quitclaim Deed Important Laws & Requirements in Virginia
Laws & Requirements
Statute: § 55.1-363
Recording: The parties must submit the quitclaim deed to the County Circuit Court Clerk for recording.
Recording fees (§ 17.1-275(2)):
$18 if the document has less than 10 pages
$32 if the document has between 11 and 30 pages
$52 if the document has more than 31 pages
When to Use a Quitclaim Deed in Virginia
The general quitclaim form can be used in the following situations due to its special features (simple form and lack of warranties).
#1. Title Modifications
The grantor can use the quitclaim deed to make changes to the property title.
They can do so for the following purposes:
Quitclaim Deed Title Alteration
To fix the error in the property title
For updating the information in the title
To add or remove the people from the title
To clear the title
#2. Property Transfer
Among all legal activities, the quitclaim deed is mostly used for property transfers. However, the lack of warranties makes it suitable mostly for transfers between trusted parties and family members.
Even in these situations, the grantee should also check the property title to make sure there are no limitations that will affect their ownership.
#3. Living Trust Transfer
The grantor can also use the general quitclaim form to transfer their property to their living trust. Considering that there is only one person involved in the transaction, there is no need for additional warranties, which makes the quitclaim deed a suitable solution.
How to Create a Quitclaim Deed in Virginia
#1. Fill Out The Form
Firstly, insert the most important details about the grantor and grantee, such as their full names, mailing addresses, and marital statuses.
If the parties are legal entities, enter their registered names, types of entities, registration numbers, and mailing addresses.
#2. Add the “Note Consideration”
Here, you should provide the information about the property’s value that the grantee owes to the grantor for transferring the property. The consideration can be the transfer of money, providing certain services, defaulting on debt, or any other form of value.
For transactions between family members, the parties will often arrange the transfer without consideration (as a gift).
#3. Write the Legal Description
Provide the information that can help the parties individualize the property. This can include the plot number, section, township, block, street address, and other relevant information.
#4. Sign & Get it Notarized
Sign the quitclaim deed before the notary public or at least two witnesses.
#5. File the Quitclaim Deed
Finally, submit the finalized quitclaim deed to the governmental body authorized for the deed registration.
Where to File a Quitclaim Deed in Virginia
In Virginia, the parties should file the quitclaim deed with the County Circuit Court Clerk according to the property’s address.