Virginia Quitclaim Deed Form

Last Updated: December 20, 2023 by Rukshani Lye

What is a Quitclaim Deed in Virginia?

In Virginia, a quitclaim deed is used to transfer property from an owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in Virginia.

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The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.

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What is the Difference Between a Quitclaim Deed and a Warranty Deed in Virginia?

The main difference between quitclaim deeds and warranty deeds in Virginia is that a quitclaim deed provides less security to the Grantee.

A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.

Warranty deeds are mostly used for real estate transactions in Virginia. Quitclaim deeds, on the other hand, are typically used for transfers between family and friends.

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How Do Quitclaim Deeds Work in Virginia?

Laws surrounding quitclaim deeds are found in Chapter 55 of the Virginia Code titled Property and Conveyances.

Virginia laws provide the sample language to be used in a quitclaim deed. It must state that the Grantor intends to “remise, release, and forever quitclaim unto the said Grantee,” or “the Grantor does grant and release to the said Grantee.”

Once prepared, the quitclaim deed must be filed with the Circuit Court Clerk in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in Virginia?

You can prepare your own quitclaim deed in Virginia. A professional drafter is not legally required.

The first page of the deed must specify the name or entity that prepared the deed under “Prepared by.” If the Grantor prepared the deed, their name should appear.

Virginia Quitclaim Deed Requirements

For a quitclaim to be legally valid in Virginia, the deed must follow certain state-specific rules.

Formatting Requirements

Formatting requirements for quitclaim deeds in Virginia include:

  1. Original or first-generation printed form, or legible copy.
  2. Print must be black or blue, or typed ribbon copy.
  3. On the last page, provide an extra bottom space for recording stamps.
  4. Paper size should be letter (8.5 x 11) or legal (8.5 x 14).
  5. Font should be a minimum of 9 points.

Content Requirements

Content requirements for quitclaim deeds in Virginia include:

  1. Grantor’s name and address.
  2. Grantee’s name and address.
  3. Last names of Grantor and Grantee must be in caps or underlined when first mentioned in the deed.
  4. The name of the individual who prepared the deed must be on the first page.
  5. For tax-exempt deeds, the exemption basis must be on the first page.
  6. Each page should be numbered sequentially.
  7. The consideration amount (the price paid) must be on the first page.
  8. The value of the property must be mentioned on the first page.
  9. The property’s address.
  10. The property’s legal description.
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This list outlines the general requirements for quitclaim deeds in Virginia, but country-specific rules may be different. For example, in Norfolk County, deeds must be prepared either by the property owner or by an attorney licensed to practice in Virginia.

Who Signs a Quitclaim Deed in Virginia?

For a quitclaim deed to be legally valid in Virginia, it must be signed by the Grantor. The Grantor’s signature must be authenticated by a notary or two witnesses.

How to File a Quitclaim Deed in Virginia

Here’s how to file a quitclaim deed in Virginia:

  1. Prepare the quitclaim deed with the information required.
  2. Most counties in Virginia mandate the use of a bar-coded cover sheet along with a deed submission. This cover sheet can be generated online at the Virginia court’s website or specific county pages.
  3. Ensure all taxes and fees are paid; the amounts due can be checked at Virginia’s Circuit Court Deed Calculation.
  4. Ensure the Grantor signs the quitclaim deed, acknowledged by a notary.
  5. File the quitclaim deed, with the Circuit Court Clerk in the county where the property is located.

How Much Does it Cost to File a Quitclaim Deed in Virginia?

The fee structure to file a quitclaim deed in Virginia is as follows:

  • $18 for 10 or fewer pages.
  • $32 for 11-30 pages.
  • $52 for 31 pages or more.

What Taxes Are Owed on Quitclaim Deeds in Virginia?

In Virginia, the transfer of a property through a quitclaim deed triggers two separate taxes:

  1. Recordation Tax: The tax rate is 25 cents for every $100 or fraction thereof of the deed’s consideration or the actual value of the property being conveyed, whichever is greater. City and county governments can impose an additional tax on recordation, usually about one-third of the state recordation tax.
  2. Grantor’s Tax: A tax is imposed on deeds or writings transferring real estate when the property’s consideration or value exceeds $100.

    Federal tax rules may also apply to Virginia quitclaim deeds.

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    How Long Does a Quitclaim Deed Take to be Recorded in Virginia?

    Recording a quitclaim deed in Virginia can vary significantly based on county-specific processes, procedures, and population. Typically, it can take anywhere from a few days to a few weeks.

    What Happens After a Quitclaim Deed is Recorded in Virginia?

    In Virginia, once the quitclaim deed is signed and filed, the county will process the document.

    If the deed is clear of any previous filings, a public record of the transfer of the property ownership will be made official.

    How Long Are Quitclaim Deeds Valid For in Virginia?

    There is no expiration for quitclaim deeds in Virginia. However, the statute of limitations for breaching a written contract in Virginia is 5 years.

    Sources

    Quitclaim Deed Form in Other States