What Is a Virginia Quitclaim Deed?
A Virginia quitclaim deed is a legal document that allows a property owner (the grantor) to transfer their interest in real estate (if any) to another person (the grantee). Unlike other types of deeds, a quitclaim deed does not come with a warranty of title. This essentially means that the grantor is not guaranteeing that they fully own the property or that the title is free from liens or other issues.
Since a quitclaim deed does not guarantee clear ownership, it is typically used in low-risk situations between individuals who trust each other, for example:
- Transferring property between family members
- Adding or removing a spouse or a partner from a deed
- Correcting a name, spelling, or ownership details on an existing property record
Under Virginia Code § 55.1-300, quitclaim deeds are recognized as a valid way to convey real estate.
A quitclaim deed only transfers the grantor’s interest, if any. It does not protect the person receiving the property if ownership problems are discovered later.
Virginia Quitclaim Deed Requirements
A quitclaim deed in Virginia must meet specific content and formatting requirements to be accepted by the county clerk’s office. Here are some criteria to keep in mind:
Language Requirements
A quitclaim deed form for Virginia must clearly show the grantor’s intent to transfer their interest in the property. Under Virginia Code § 55.1-363, quitclaim deeds must state that the grantors “remises, releases, and forever quitclaims” their interest to the grantee.
Property Description
You must include the legal description of the property on your Virginia quitclaim deed form, not just the street address. This description identifies the property in public records and is required for recording the deed correctly.
Typically, you can copy the legal description directly from the current deed. You’ll need to include metes and bounds, lot and block details, a parcel ID, or other recorded identifiers. Make sure that you copy the description accurately to avoid errors and delays in filing the deed.
Formatting Rules
To be considered valid, quitclaim deeds must follow the formatting rules under Virginia Code § 55.1-606.
- The form must be the original or a legible copy.
- The paper size should be either letter size (8.5 x 11 inches) or legal size (8.5 x 14 inches).
- The form should use a font size of at least 9 points.
- The form should be printed in black, blue ink, or typewritten.
- The deed should include sequential page numbers.
- There should be enough blank space at the bottom of the final page for recording stamps.
Moreover, the grantors’ and grantees’ last names should be underlined or capitalized the first time they appear in the deed (Virginia Code § 17.1-223(A)(i)).
Recording rules can vary slightly by county. Before filing, it’s a good idea to check the circuit court clerk’s website for the county where the property is located to confirm any local requirements.
Sample Virginia Quitclaim Deed
View a sample Virginia quitclaim deed form below to see what information is typically included on the form. Then, fill out our step-by-step questionnaire to customize your own form and download it as a PDF or Word file.
How to File a Quitclaim Deed in Virginia
Filing a quitclaim deed in Virginia involves completing the form correctly, signing it, and submitting it to the county clerk’s office where the property is located. Here are the steps you should follow to prevent delays and rejection by the circuit court clerk.
Step 1 – Complete the Quitclaim Deed Form
Fill out the quitclaim deed with accurate and complete information, including the full legal names of the grantor and grantee and the property’s legal description, copied as is from the most recent recorded deed.
You can use Legal Templates’s free Virginia quitclaim deed form to complete yours. Just follow our guided form to add your details and download the completed form in PDF or Word format.
Step 2 – Sign the Deed in Front of a Notary or Two Witnesses
After completing the form, the grantor must sign the quitclaim deed. Under Virginia Code § 55.1-612, the signature must either be acknowledged before a notary public or witnessed by two competent witnesses. If the deed is not notarized or properly witnessed, the circuit court clerk may refuse to record it, which can delay the property transfer.
Step 3 – Prepare Additional Required Documents
Virginia requires a land records cover sheet for any document that transfers real estate under Virginia Code § 17.1-227.1. The cover sheet provides basic information about the transaction, assisting the clerk with the filing process.
Step 4 – Submit the Deed to the County Circuit Court
Once the deed is signed and all required documents are ready, submit them to the county circuit court clerk in the county or city where the property is located (Virginia Code § 55.1-407(A)). Bring your completed Virginia quitclaim deed form, the land records cover sheet, and payment for any recording fees and taxes. After the clerk records the deed, it becomes part of the public record.
Virginia Quitclaim Deed Costs and Fees
You may be required to pay some local fees and taxes when filing your quitclaim deed in Virginia. Here are the fees you should be mindful of:
Filing Fees
Virginia charges recording fees for a quitclaim deed form based on the document’s length (Virginia Code § 17.1-275). The filing fee payment structure is as follows:
- $18 for documents that are ten pages or less
- $32 for documents that are 11 to 30 pages
- $52 for documents that are 31 pages or more
If your quitclaim deed document includes oversized pages, such as plats or maps that are larger than the standard paper size, the clerk may charge an additional $17 fee for each oversized page.
Recordation Tax
Virginia imposes a state recordation tax on deeds that transfer real estate. Under Virginia Code § 58.1-801, the tax rate is 25 cents for every $100, or fraction of $100, of the property’s consideration or fair market value, whichever is greater.
Many cities and counties in Virginia may also charge an additional local recordation tax. These local taxes vary by locality and are usually calculated as a percentage of the state recordation tax. In Virginia, a grantee is typically required to pay the recordation tax, unless the parties agree otherwise.
Exemptions From Recordation Tax
Virginia law provides several exemptions from the recordation tax under Virginia Code § 58.1-811. A transfer is exempt from the recordation tax if:
- The property is a gift, and no payment is exchanged for it.
- The grantee is a college or educational institution that does not generate revenue.
- The grantee is a church or religious place of worship.
- The grantee is a government entity.
- The grantee is a nonprofit organization.
If a transfer qualifies for an exemption, it must be clearly stated on the deed when it is recorded.
Grantor’s Tax
Virginia also charges a separate grantor’s tax, which is different from the recordation tax. This tax applies to deeds involving property valued at more than $100 and is authorized under 23 VAC 10-320-30. The grantor’s tax is typically calculated based on the value of the property, minus any existing liens. The amount owed may vary based on locality.
Virginia Capital Gains Tax
If the property is transferred in exchange for payment, Virginia may tax any capital gain as ordinary income. Unlike other states, Virginia does not have a separate capital gains tax rate. Instead, profits are taxed at the state’s regular income tax rates.