A Virginia quitclaim deed is a legal document for conveying property without including any covenants or warranties that protect the grantee from liens or encumbrances. Even though a quitclaim deed isn’t reasonable for large home purchases between parties who don’t know one another, it’s a convenient option when the parties aren’t concerned with buyer assurance.
How to File
Filing a quitclaim deed in Virginia involves drafting the deed, getting it notarized, and recording it with the local office. Handling each step correctly protects your ownership.
Step 1: Gather the Necessary Filing Information
Gather the original deed to access the property’s legal description. If you don’t have a copy of the original deed, you may need to request one from your local County Circuit Court Clerk.
Step 2: Consider Legal Assistance
Virginia doesn’t have laws prohibiting you from preparing a quitclaim deed form alone. If you decide to file yourself, add your information in the “Prepared by” section and note yourself as the grantor.
Even though you can complete the process independently, consider hiring a qualified individual for assistance. If you hire an attorney or professional drafter, ensure they list themselves as the preparer.
Step 3: Fill in Pertinent Information
Fill in pertinent information on your quitclaim deed form, including the parties’ names, the property’s legal description, the property’s value, and consideration exchanged (if applicable).
When you first mention the grantor’s and grantee’s names in your deed, you must either underline the last names or write them in capital letters (Va. Code § 17.1-223 (A)(i)). After each name, write “as Grantor(s)” and “as Grantee(s)” respectively.
Step 4: Note Any Tax Exemptions
If the transfer is exempt from specific taxes, you must include the basis for this exemption on the first page of the deed, per Va. Code § 17.1-223 (A)(iv). Because exemptions are a more complicated part of the process, consider consulting with a property attorney if you think you may be eligible.
Step 5: Fill out Accompanying Documents
In Virginia, you must complete and attach a land record cover sheet to any document transferring property (Va. Code § 17.1-227.1).
Some conveyances may require you to include additional documents. For example, if the property isn’t up-to-date with building code or zoning ordinances, you must complete a Building Code or Zoning Ordinance Violations Disclosure (Va. Code § 55.1-706). Another example is the New Dwelling Disclosure, which is required if a new property has issues that constitute a building code violation (Va. Code § 55.1-702(B)).
Step 6: Sign and File
The grantor must sign the deed and have either two subscribing witnesses or a notary public observe their signature (Va. Code § 55.1-612).
Locate the Virginia county clerk’s office in the county where the property is located. Bring the required land record cover sheet, properly signed quitclaim deed, and payment method for fees and taxes. You can estimate what you’ll owe using the state’s online deed fee calculator.
Step 7: Wait for Processing
Once the deed has been filed, circuit court clerk offices usually take a few days to a few weeks to process the document. The timeframe varies from county to county, as population size, procedures, and how many documents are currently pending all factor into how long processing takes.
Once the deed enters public record after the office completes the recording process, the grantee’s property ownership is official. Afterward, the quitclaim deed will never expire.
Costs and Fees
Quitclaim deed transfers in Virginia require payment of recording fees and deed transfer taxes. Knowing what to expect can help you avoid last-minute surprises during the transfer process.
Filing Fees
The filing fee payment structure is as follows (Va. Code § 17.1-275):
- $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.
Please ensure each document page is no larger than 8.5 by 14 inches. If you have a plat or map sheet larger than 8.5 by 14 inches, you must pay a $17 additional fee for each oversized page.
Taxes
Taxes are a standard part of the Virginia quitclaim deed process, including taxes for recording and a special grantor’s tax.
1. Recordation Tax
Per Va. Code § 58.1-801, the recordation tax rate is 25 cents for every $100 (or fraction thereof) of the deed’s consideration or the actual value of the property, whichever is greater.
Some Virginia cities and counties impose an additional recordation tax. These additional taxes can vary but are usually about one-third of the state recordation tax.
Who Pays the Transfer Tax?
Differing from the majority of states, the buyer or grantee usually pays the recordation tax to the state of Virginia.
Exemptions to Transfer Tax
Several exemptions exist to the recordation tax per Va. 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 is not a source of revenue.
- The grantee is a church or religious place of worship.
- The grantee is a government entity.
- The grantee is a 501(c)(3) nonprofit organization.
2. Grantor’s Tax
Unlike many states, Virginia has a special grantor’s tax distinct from the real estate transfer tax. This tax is imposed on all deeds involving property valued at over $100 (Va. Admin. Code § 23VAC10-320-30).
The tax amount isn’t at a pre-established rate. Instead, it’s calculated by taking the transferred property’s value or consideration and subtracting any existing encumbrances or liens. The tax calculation can vary depending on local ordinances and regulations, so it’s good practice to consult a qualified tax professional or attorney for guidance unique to your situation.
3. US Gift Tax
If the grantor transfers property as a gift without consideration or payment, a federal gift tax will likely apply to the property transfer. You can use IRS Form 709 to discover the amount you owe and how to pay it properly.
The IRS establishes annual exclusions yearly, allowing grantors to give up to a certain amount per recipient without having to pay any tax. For 2024, the yearly exclusion is $18,000, meaning the grantor can give $18,000 to as many recipients as they want (as long as they don’t exceed their lifetime limits) without paying tax.
4. Capital Gains Tax
Both Virginia and federal capital gains taxes may apply to the property transfer. Virginia taxes capital gains as income at a rate between 2% and 5.75%, depending on your tax bracket. IRS Topic No. 409 and IRS Publication 551 explain the federal versions of capital gains taxes.
Depending on how long the grantor holds the property before conveying it, they may have to pay short-term or long-term capital gains tax when they sell it for consideration with a quitclaim deed. Short-term capital gains are subject to the federal ordinary income tax rates, while long-term capital gains are taxed at more advantageous rates (0%, 15%, or 20%, depending on your situation).
Virginia Quitclaim Deed Requirements
Virginia quitclaim deeds must comply with several legal standards to be properly recognized. Meeting each requirement helps you ensure a seamless property transfer.
Legal Framework
Va. Code Tit. 55.1 – Property and Conveyances discusses property deeds, and Va. Code § 55.1-363 provides guidelines for composing a quitclaim deed.
Legal Description
Virginia law does not specify any state-specific language or details necessary for a legal description of the transferred property. Generally, the address, coordinates, metes and bounds, lot and block, government survey system, and unique descriptors of the property will suffice.
Check the previous deed for its legal description and copy it exactly to keep records consistent and ensure the description’s legal validity.
Signing
The following parties must sign a quitclaim deed for the agreement to become legally binding, as stated in Va. Code § 55.1-612:
- The grantor.
- A notary or two witnesses who authenticate the signature.
Terminology
Va. Code § 55.1-363 lays out the specific terminology that quitclaim deeds should use to be clear and legally binding. The document should state that the grantor has or does “remise(d), release(d), and forever quit(ted)claim all his claims upon the said lands to the grantee.”
The words quitclaim (without the space) and quit claim (with the space) are interchangeable. Sometimes, people mistake those terms as “quick claim,” which is an incorrect, informal term.
Additional Documents
You must file a land record cover sheet with any document conveying real estate, including quitclaim deeds (Va. Code § 17.1-227.1). Most counties accept a standard format for a land record cover sheet, but some counties have specific generators. For example, Fairfax Circuit Court has its own cover sheet generator.
In addition to a cover sheet, you may have to complete and file additional documents alongside your quitclaim deed. Please note that including these documents depends on the building’s condition and other circumstances. For example, you may have to complete the following documents:
- Building Code or Zoning Ordinance Violations Disclosure (Va. Code § 55.1-706)
- New Dwelling Disclosure (Va. Code § 55.1-702(B))
- Military Air Installation Disclosure (Va. Code § 55.1-704)
- Septic System Disclosure (Va. Code § 32.1-164.1:1)
Filing
Per § 55.1-407(A), the grantor must file their quitclaim deed with the County Circuit Court Clerk where the property resides.
Validity Requirements
To be considered valid, quitclaim deeds must follow the formatting rules in Va. Code § 55.1-606:
- The form must be the original or a legible copy.
- The paper size should be either standard letter (8.5 x 11) or legal (8.5 x 14).
- The font size should be at least 9 points for readability.
- The print must be in black, blue, or typed ribbon copy.
- The document should include sequential page numbers.
- On the final page, you must add an extra space at the bottom for recording stamps.
The grantor’s and grantee’s last names must be underlined or capitalized during their first mention in the deed, per Va. Code § 17.1-223 (A)(i).
Please note that validity requirements may vary by county. For example, in Norfolk County, only the grantor or a licensed Virginia attorney can prepare a quitclaim deed.
Content Requirements
Include the following information in your quitclaim deed:
- The document preparer’s name and address.
- The grantor’s name and address.
- The grantee’s name and address.
- An explanation of the tax-exempt basis (if applicable), per Va. Code § 17.1-223(A)(iv).
- The consideration the grantee pays for the property (if applicable) and the stated value of the property, per Va. Code § 17.1-223(A)(iii).
- The property’s address and legal description.
Quitclaim Deeds vs. Other Property Transfer Methods in Virginia
| Quitclaim Deed | Releases the grantor's property claim to the grantee without any promises about the title's condition or ownership history. |
| Warranty Deed | Lets the grantor promise that they'll defend against all third-party claims. |
| Special Warranty Deed | Lets the grantor promise that they'll only defend against third-party claims emerging from their ownership period. |
| Life Estate Deed | Divides property ownership into two periods: (1) the life tenant's ownership in which they hold and control the property during their lifetime and (2) the remainder beneficiaries' ownership in which they gain control when the life tenant dies. The life tenant must involve the remainder beneficiaries in property-related decisions while the life tenant is alive. |
| Transfer on Death Deed | Similar to a life estate deed, but the property owner maintains full control and decision-making authority during their lifetime. The beneficiaries only have control when the property owner dies. |
Sample Virginia Quitclaim Deed
View a free sample Virginia quitclaim deed below. You can customize it with your property details and download it in PDF or Word format.
Frequently Asked Questions
What does it mean if my name is on the quitclaim deed but not the mortgage in Virginia?
If your name is on the quitclaim deed, you have legal title rights to the property but don’t have any protection against third-party claims that may emerge later. If your name doesn’t appear on the mortgage, you won’t be liable for paying the mortgage unless the grantor specifically transferred it to you during the property conveyance.
How do I remove someone from a quitclaim deed in Virginia?
Fill out a new quitclaim deed and obtain the signature of the person you’re removing. Record the deed in the Circuit Court Clerk’s Office and notify all relevant parties.
If the person you want to remove has passed away, obtain their death certificate and a notarized affidavit to attach to the new recorded deed.
How long does it take to process a quitclaim deed in Virginia?
The processing time depends on the busyness of the Circuit Court Clerk’s Office where you file, but you can expect it to take several weeks for the office to record the deed and finalize the transfer of property ownership.
