West Virginia Quitclaim Deed Form

Last Updated: March 16, 2024 by Rukshani Lye

WV Pg 1 on iPropertyManagement.com

What is a Quitclaim Deed in West Virginia? 

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

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 West Virginia?

The main difference between quitclaim deeds and warranty deeds in West 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 West Virginia. Quitclaim deeds, on the other hand, are used for transfers between family and friends.

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How Do Quitclaim Deeds Work in West Virginia?

Laws surrounding quitclaim deeds are found in Chapter 36 of the West Virginia Code, titled Estates and Property.

West Virginia laws provide sample language for a quitclaim deed. It must state that the Grantor intends to “remise, release, and forever quit claim all his claims” unto the Grantee. The term “conveys” is not used in a West Virginia quitclaim deed as it implies warranty.

Once prepared, the quitclaim deed must be filed at the Clerk’s Office in the county where the property is located.

Can You Prepare Your Own Quitclaim Deed in West Virginia?

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

The name and address of the individual who prepared the deed, however, must be mentioned under “Prepared by.”

West Virginia Quitclaim Deed Requirements

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

Formatting Requirements

Formatting requirements for quitclaim deeds in West Virginia include:

  1. Paper size: must be between 8.5 x 11 (letter) and 8.5 x 14 (legal).   
  2. Font: minimum size 10-point type. 
  3. Text spacing: minimum two points separating each line.
  4. Text color: must be dark and clearly reproducible.
  5. Single-side print only. 
  6. Margins: minimum 2 inches on top of the first page for official use; all remaining margins should be 1 inch. 
  7. Original documents only, no copies accepted.

Content Requirements

Content requirements for quitclaim deeds in West Virginia include:

  1. The Grantor’s name and address.
  2. The Grantee’s name and address. 
  3. The Grantor’s marital status.
  4. Return name and address.
  5. Preparer’s name and address.
  6. The title “Quitclaim.”
  7. The property address.
  8. Property’s legal description.
    • The property description must contain the proper descriptors, including metes and bounds such as section, township, and range, subdivision, each different tract, unit, or block.
    • If a secondary document is referenced, information such as the date registered, the book, page, and registration numbers must be mentioned on the deed.
  9. Granting clause – a statement describing the transfer the parties have agreed to.
  10. Declaration of Consideration.
    • The value or amount of money exchanged must be included on the first page of the deed as part of a declaration of consideration statement.
    • The statement, which is used for tax purposes, must be signed by the Grantor or Grantee.
    • If there is no exchange of payment and the transfer claims a tax exemption, the basis of the claim must be mentioned.

        Who Signs a Quitclaim Deed in West Virginia?

        For a quitclaim deed to be legally valid in West Virginia, it must be signed by the Grantor. The Grantor’s signature must be acknowledged by a notary public or two witnesses appearing before a Clerk.

        If it is a marital property, both spouses must be aware of the transfer, and proof of notice must be provided with the quitclaim deed. Alternatively, both spouses can sign the quitclaim deed, or a spousal waiver of rights can be attached.

        How to File a Quitclaim Deed in West Virginia  

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

        1. Prepare the quitclaim deed with the required information.
        2. Ensure that a signed Declaration of Consideration is included in the front page. 
        3. West Virginia Sales Listing Form.
          • All deeds must be accompanied with a completed Sales Listing Form.
          • The form must be submitted at the Clerk’s office at the time of recording. 
        4. Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public or two witnesses before a Clerk.
        5. Finally, have the quitclaim deed recorded at the Clerk’s Office in the county where the property is located.

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

            In West Virginia, the minimum charges for filing a quitclaim deed are as follows:

            County Clerk – Base Filing Fees.  

            • Fee for the first five pages: $30.
            • Each additional page over 5: $1.
            • Fee for recording maps or plat: $10.

            Public Records Preservation and Management Fee:

            • Fee for the first 20 pages: $2
            • Fee for each additional 10 pages over 20:$1

            Privilege Fee charged for real estate transferred for consideration:

            • Base Fee:$20.

            What Taxes Are Owed on Quitclaim Deeds in West Virginia?

            In West Virginia, the transfer of property using a quitclaim deed triggers the following tax:

            Property Transfer Tax:

            • The rate is $1.65 for each $500.00 in value.
            • The tax, also known as Excise tax on the privilege of transferring real property, is calculated based on the property’s value.
            • The Grantor is typically responsible for payment.
            • Many transfers that are generally filed under quitclaim deeds are exempt from West Virginia’s Property Transfer Tax, including:
              • Deeds without consideration and transfers where the value of the property is less than $100.
              • Transfers between husband and wife.
              • Transfers between parent and child, or transfers between parent and child and his or her spouse, without consideration.
              • Transfers between grandparent and grandchild, or transfers between grandparent and grandchild and his or her spouse, without consideration.
              • Deeds of partition.
              • Deeds made pursuant to conversions of companies.

              Moreover, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.

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

              The time it takes to record a quitclaim deed in West Virginia varies by county; however, in most offices, the original document is immediately scanned and returned. The deed is then typically processed within a few business days.

              What Happens After a Quitclaim Deed is Recorded in West Virginia?

              When a quitclaim deed is submitted to the county Clerk’s Office, it undergoes an initial verification check. If no issues are found, the document is scanned, and the original is returned to the submitter. The office then indexes the deed by assigning a book and page number and enters it into the state system of records. Finally, the quitclaim deed is made available to the public.

              How Long Are Quitclaim Deeds Valid For in West Virginia? 

              There is no expiration for quitclaim deeds in West Virginia. However, the statute of limitations for a breach of a written contract is 10 years.