The West Virginia quitclaim deed is a legal document used for property transfers. The main parties to the quitclaim deed are the grantor, the person who transfers the property, and the grantee, the person who becomes the new owner of the property.
Compared to the warranty and special warranty deeds, the quitclaim deed has the simplest form. However, the quitclaim deed doesn’t provide any warranty for the grantee.
By signing the quitclaim deed, the grantor simply transfers their interests in the property without providing guarantees that there are no limitations in the property title that will affect the grantee.
Quitclaim Deed Important Laws & Requirements in West Virginia
Laws & Requirements
Statute: Chapter 36 (Estates and Property)
Signing requirements: The grantor should sign the quitclaim deed before the notary public or at least two witnesses. (§ 39-1-2)
Recording: The parties should submit the finalized quitclaim deed to the Register of Deeds for recording.
Recording fees: $30 for the first five pages and $1 for each additional page.
Declaration of Consideration or Value. It must be attached to or included in every deed in West Virginia unless it is exempt from the state or county excise tax.
Sales Listing Form. This form must also be submitted with the deed.
When to Use a Quitclaim Deed in West Virginia
The simple form and lack of warranties make the general quitclaim form a suitable solution for several legal activities.
#1. Title Modifications
The grantor can use the quitclaim deed to make modifications to the property title. They can do so to correct the errors in the text of the property title (misspelled name, wrong date entered, etc.) or to update the existing information.
The grantor can also use the quitclaim deed to easily add or remove people from the property title.
#2. Property Transfer
The grantor can also use the general quitclaim form to transfer the property to the grantee. The simple form makes the quitclaim deed a faster solution for property transfer than some other types of deeds.
However, the lack of warranties makes it suitable only for transfers between trusted parties or family members.
In any case, the grantee should always check the property title before the transfer to make sure there are no limitations that will affect their ownership.
#3. Living Trust Transfer
Finally, the grantor can use the quitclaim deed to transfer their property to their living trust. Aside from making the will, this is the most commonly used method of transferring the property to loved ones during the grantor’s lifetime.
How to Create a Quitclaim Deed in West Virginia
#1. Fill Out The Form
Firstly, insert the date of the property transfer. After that, insert the most important details about the grantor and grantee, like their full names, mailing addresses, and marital status.
#2. Add the “Note Consideration”
Here, insert the value of the property the grantee owes to the grantor for transferring the property. This can be the transfer of money, providing services, defaulting on debt, or any other form of value.
The parties can also arrange to transfer the property without consideration (as a gift).
#3. Write the Legal Description
This section includes all the information the parties use to individualize the property, namely the plot number, section, township, block, street address, and other information.
The legal description should also include information about any limitations in the title that affect ownership.
#4. Sign & Get it Notarized
The grantor must sign the quitclaim deed before the notary public or at least two witnesses.
#5. File the Quitclaim Deed
Finally, the parties should file the quitclaim deed with the governmental body authorized for deed registration.
Where to File a Quitclaim Deed in West Virginia
In West Virginia, the parties register the quitclaim deed before the Register of Deeds according to the location of the property.