A West Virginia quitclaim deed allows a property owner to relinquish a property claim to a grantee, identifying them as the new owner without issuing title guarantees.
How to File
When you file a quitclaim deed in West Virginia, precision is essential for executing a legally enforceable document. Read on to discover the steps involved in a property transfer without covenants.
Step 1: Reference the Original Deed
Reference the original deed to discover the legal description. If you can’t access the original deed, request a copy from the county clerk’s office where the property lies.
Step 2: List the Document Preparer
List the document preparer’s name so the county clerk’s office knows who drafted it. Also, provide the “Return to” information so the recorder knows to whom to give the recorded document.
Step 3: Fill out the Quitclaim Deed
Fill out the deed using our template, including details like the consideration, date of conveyance, legal description, and the grantee and grantor’s information.
If you don’t use a template, refer to W. Va. Code § 36-3-7 for what language to include in your document.
Step 4: Complete Additional Forms
If you have to pay the excise tax because your transfer involves consideration, complete a Declaration of Consideration or Value. Additionally, Form STC 12:39 must accompany every quitclaim deed in the state.
Step 5: Sign
Request that the grantor sign the deed before a notary public or two witnesses to abide by the requirements in W. Va. Code § 39-1-2.
Step 6: File
Bring your signed and acknowledged quitclaim deed and the documents from step four to the relevant county clerk’s office. Allow them to file the document, as it’s a requirement under W. Va. Code § 39-1-2. Prepare to pay the associated filing fees.
Costs and Fees
Recording a quitclaim deed in West Virginia involves county fees and a real estate transfer tax. Having a clear sense of the costs ahead of time allows you to move through the transfer process more easily.
Filing Fees
According to W. Va. Code § 59-1-10, county clerk’s offices collect a recording fee of $30 to file a quitclaim deed in the state. If the document is more than five pages long, the county clerk’s office will charge an additional $1 fee per page.
Taxes
Transferring property via a quitclaim deed in West Virginia often incurs several taxes, including a real estate transfer tax, the US gift tax, and capital gains tax.
1. Real Estate Transfer Tax
W. Va. Code § 11-22-2 states that the county clerk’s office will collect a tax on real estate transfers (also called an excise tax). Once the county clerk’s office receives payment, the deed will receive a property transfer stamp under W. Va. Code § 11-22-4.
Who Pays the Transfer Tax?
The grantor is usually responsible for paying the transfer tax unless otherwise agreed upon with the grantee.
Exemptions to Transfer Tax
There are exemptions to the transfer tax under W. Va. Code 11-22-1(4), including the following transfers:
- Transfers between husband and wife or parent and child.
- Transfers by will.
- Transfers worth less than $100.
- Deeds made pursuant to conversions to LLCs from trusts, limited partnerships, partnerships, or corporations.
Tax Rates
According to W. Va. Code § 11-22-2, the state transfer tax rate is $1.10 for every $500 of the property’s value.
2. US Gift Tax
Because quitclaim deeds are popular for situations where the grantee provides no or nominal consideration in exchange for property, the grantor may be subject to a federal gift tax. IRS Form 709 outlines the amount owed by those gifting property over a certain amount, which changes annually.
Please note that some exclusions may apply. For example, suppose the grantor gives real estate to a political organization or a qualifying charity. In either case, they may be able to deduct the property’s value from their taxable income.
3. Capital Gains Tax
West Virginia taxes capital gains as ordinary income. According to the state’s Tax Division, the tax is equal to 6.5% of the estimated capital gain derived from the sale or transfer. Depending on your income bracket, the state-specific capital gains tax may range between 3 and 6.5%.
The US government also inflicts a capital gains tax at the federal level, as discussed in IRS Publication 551 and IRS Topic No. 409. If the grantor holds the property for more than one year, they’ll pay long-term capital gains tax, which can be 0, 15, or 20%.
If they hold the property for less than one year, they’ll pay short-term capital gains tax, which is the same rate as the federal ordinary income tax (depending on your income bracket).
West Virginia Quitclaim Deed Requirements
West Virginia law lays out particular rules for quitclaim deeds to be valid. A clear, complete deed helps you avoid delays and move forward with your property transfer.
Legal Framework
The state provides laws surrounding deeds in W. Va. Code § 36-3. You can further explore this chapter to find the definition of a quitclaim deed in W. Va. Code § 36-3-7, which provides the specific language to incorporate.
Furthermore, W. Va. Code § 39-1 dictates the process for authenticating and recording a deed.
Legal Description
The quitclaim deed must include the property’s complete legal description, which is not the same as the property’s mailing address. You can find the legal description in previous deeds of the property, which you can locate in the county clerk’s office.
The legal description may contain the following information:
- Metes and bounds
- Lot and block
- References to the Public Land Survey System (PLSS)
Signing
A deed must be in writing and include the grantor’s signature (W. Va. Code § 36-1-3). According to W. Va. Code § 39-1-2, the grantor must sign before two witnesses. Alternatively, a notary public or an official under W. Va. Code § 39-1-3 can acknowledge the grantor’s signature to validate the deed.
Terminology
W. Va. Code § 36-3-7 provides that using the following phrase creates a quitclaim deed: “the said grantor releases to the said grantee all his claims upon the said lands.”
Words that have similar meanings can also create a quitclaim deed. In addition, a statutory deed form is present in W. Va. Code § 36-3-5, but using the form in that section is not necessary for the document to be legally binding.
Additional Documents
The grantor must complete and submit a Sales Listing Form (Form STC 12:39) when they file their quitclaim deed.
Additionally, W. Va. Code § 11-22-6 states that the grantor must submit a Declaration of Consideration or Value statement. They can ignore this requirement if the transaction is exempt from the excise tax.
Filing
W. Va. Code § 39-1-2 provides that the grantor should record the quitclaim deed with the West Virginia county clerk in the property’s county. The grantor must pay a $30 filing fee to the county clerk (W. Va. Code § 59-1-10).
Validity Requirements
W. Va. Code § 39-1-11 outlines some validity requirements for all deeds, including quitclaim deeds:
- The text should only be present on one side of the paper.
- The font should be no smaller than 10 points.
- Two font points should separate each line.
The state doesn’t offer specific guidelines for ink color, page margins, or legibility, but it’s wise to follow these general standards:
- Print the form in black ink and have all signatures appear in black or dark blue ink.
- Create a two-inch margin for the top of the quitclaim deed’s first page and a one-inch margin for all other margins (consult your county clerk’s office for specific requirements, if applicable).
- Ensure the document is legible enough to create intelligible copies and electronic reproductions.
Content Requirements
The content of your quitclaim deed must have the following information:
- Grantor and grantee’s names and addresses
- The date of conveyance, which is when the grantor signs the document
- The amount of money (or “consideration”), if any, that will facilitate the property transfer
- The property address and its county
- The legal description of the property
- The nature of ownership if the property is being transferred to more than one party
- An attached Sales Listing Form
- The grantor’s signature, acknowledged by either two witnesses or a notary public
Quitclaim Deeds vs. Other Property Transfer Methods in West Virginia
| Quitclaim Deed | Places the potential risk of title issues or flaws on the grantee. |
| General Warranty Deed | Keeps the potential risk of all title issues or flaws with the current owner (the grantor). |
| Special Warranty Deed | Splits the potential risk between the new owner and the previous one because the previous owner only promises to defend against claims rising from their ownership period. |
| Transfer on Death Deed | Transfers real estate when the owner dies; allows the owner to retain full rights during their lifetime. |
| Life Estate Deed | Similar to a transfer on death deed, but the owner relinquishes some rights during their lifetime to give them to remainder beneficiaries. |
Sample West Virginia Quitclaim Deed
Below is a free example of a West Virginia quitclaim deed. You can quickly edit it with your information and download it as a PDF or Word file.
Frequently Asked Questions
How do I remove a name from a deed in West Virginia?
Removing someone from a quitclaim deed requires their consent. You should record a quitclaim deed, listing the grantor as the person you wish to remove. Obtain the grantor’s signature and follow the quitclaim deed filing process to finalize the transfer.
Can I use a quitclaim deed to convey property to a trust in West Virginia?
Yes. A grantor can use a quitclaim deed to convey property into a trust. The trust’s trustee would be the grantee on the deed.
Are quitclaim deeds common for transferring property in West Virginia?
Yes. Property owners often use this conveyance method for transfers that don’t involve a traditional sale, such as removing or adding someone’s name from the property title or conveying property between family members.
