What is a West Virginia Quitclaim Deed?
The state of West Virginia (WV) allows property owners (grantors) to transfer ownership of a property to another person (grantee), without the need to provide a warranty that they actually own the property, using a quitclaim deed. This deed is legally binding but it does not affect the mortgage, so it works best when transferring property within the same family or moving it to a trust.
Sometimes a warranty on ownership or the title is needed. For these sales or transfers, use a warranty deed.
People use the terms “quit claim deed,” “quit claims deed,” or “quick claim deed” to refer to a West Virginia (WV) quitclaim deed. These are incorrect terms, but all refer to the same type of deed.
Important Laws & Requirements
- Laws: § 36-3-5 and § 39-1-2
- Recording: All quitclaim deeds in West Virginia are recorded with the County Court Clerk’s Office in the county where the property is found.
- Signing: Per § 39-1-2, all deeds must be signed by the grantor in the presence of a notary public and with two additional witnesses.
- Filing Fee: Each county charges a filing fee for a West Virginia quitclaim deed. Check with the court before filing the deed to pay the appropriate fee.
How to Write & File a Quitclaim Deed in West Virginia
Step 1: Find the appropriate form for the West Virginia quitclaim deed and download it.
Step 2: Find the area that says “prepared by,” and enter the name and address of the person who fills out the form. This may be the grantee or grantor, but it needs to be recorded in this area.
Step 3: Add the return address information for the person who will receive the form after it has been filed appropriately. This goes in the blank under “After Recording Return To.”
Step 4: Write the Date of Conveyance. First, write the calendar day, then the month, then the year. This should be the date that the deed is signed.
Step 5: Write the name of the grantee and the grantor in the appropriate blank.
Step 6: After “in consideration of the sum of” write the amount being paid for the property in words. In the parenthesis after this, write the numerical value of the price.
Step 7: Next, write the grantor’s name, followed by the words “a grantor.” Add the grantor’s address, including county, city, and state.
Step 8: After “hereby quitclaims to,” write the grantee’s name, the word “a grantee,” and the grantee’s address.
Step 9: Record the county where the property is located. Then write the legal description of the property. Use attachments if needed.
Step 10: Have the grantor sign the West Virginia quitclaim need in front of a notary public and two witnesses. After signing, the grantor should print their name and add their mailing address. The deed will have a space for the witnesses and notary public to sign and notarize the document.
Step 11: Take the signed and notarized deed to the West Virginia County Court Clerk’s office in the county where the property is. Pay any required filing fees as charged by the county.