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.
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.
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:
- Paper size: must be between 8.5 x 11 (letter) and 8.5 x 14 (legal).
- Font: minimum size 10-point type.
- Text spacing: minimum two points separating each line.
- Text color: must be dark and clearly reproducible.
- Single-side print only.
- Margins: minimum 2 inches on top of the first page for official use; all remaining margins should be 1 inch.
- Original documents only, no copies accepted.
Content Requirements
Content requirements for quitclaim deeds in West Virginia include:
- The Grantor’s name and address.
- The Grantee’s name and address.
- The Grantor’s marital status.
- Return name and address.
- Preparer’s name and address.
- The title “Quitclaim.”
- The property address.
- 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.
- Granting clause – a statement describing the transfer the parties have agreed to.
- 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:
- Prepare the quitclaim deed with the required information.
- Ensure that a signed Declaration of Consideration is included in the front page.
- 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.
- Once the quitclaim deed is executed, ensure the Grantor’s signature is acknowledged before a notary public or two witnesses before a Clerk.
- 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.
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.
Sources
- 1 W. Va. Code §36-3-7
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Whenever, in any deed, there shall be used the words “The said grantor releases to the said grantee all his claims upon the said lands,” or words of like import, such deed shall be construed as if it set forth that the grantor or releasor hath remised, released, and forever quitted claim and by these presents doth remise, release, and forever quit claim unto the grantee or releasee, his heirs and assigns, all right, title and interest whatsoever, both at law and in equity, in or to the lands and premises granted or released, or intended so to be.
Source Link - 2 W. Va. Code § 36-4-2
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General Warranty. A covenant by a grantor in a deed, “that he will warrant generally the property hereby conveyed,” or a covenant of like import, or the use of the words “with general warranty” in a deed, shall have the same effect as if the grantor had covenanted … against the claims and demands of all persons whomsoever.
Source Link - 3 Recordation
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Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded. Every such contract, every deed conveying any such estate or term… conveying real estate shall be void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record in the county wherein the property..
Recordation of writings and plats and papers … statements and writings permitted to be filed .. authorized by law to be recorded, when admitted to record, shall, with all certificates of acknowledgment, and all plats, schedules.. be recorded by, or under the direction of, the clerk of the county commission..
- 4 W. Va. Code. §39-1-2a (a)
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In addition to the other requirements prescribed by law, no instrument by which the title to real estate or personal property, or any interest therein or lien thereon, is conveyed…An instrument will be in compliance with this section if it contains a statement in the following form: “This instrument was prepared by (name)”..
Source Link - 5 Formatting Requirement
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For the purpose of this section, the word “page” is defined as being a paper or electronic writing of not more than legal size, 8 1/2” x 14”..
.. Provided, That the clerk of the county commission may refuse to accept for recordation any instrument printed on both sides of the paper or printed in whole or part in smaller than 10-point type with at least two points separating each line..
- 6 Content Requirement
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…shall be indexed the names of all grantors and grantees of deeds, trust deeds, release deeds, contracts, leases, or other writings.. it shall be indexed in the name of the former owner of the property conveyed, as well as in the name of the person executing such deed..
Form of deed: “This deed made the …….. day of ………, in the year …….., between (here insert names of parties), witnesseth: That in consideration of (here state the consideration), the said …………… grants unto the said …………… all, etc. (Here describe the property, and insert covenants or any other provisions.) Witness the following signature.”
- 7 W. Va. Code §36-3-5a (a)
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Any deed or instrument that initially grants or reserves an easement or right-of-way shall describe .. Metes and bounds.. Specification of centerline.. Reference to an attached drawing or plat which may not require a survey or instrument based on the use of the global positioning system which may not require a survey.
Source Link - 8 W. Va. Code. §11-22-6
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When any instrument on which the tax as herein provided is imposed is offered for recordation, the clerk of the county commission shall ascertain and compute the amount of the tax due.. When offered for recording, each instrument subject to the tax as herein provided shall have appended on the face or at the end thereof a statement or declaration signed by the grantor, grantee …
Source Link - 9 Acknowledgement
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The clerk of the county court of any county in which any deed, contract, power of attorney, or other writing is to be, or may be, recorded, shall admit the same to record in his office, as to any person whose name is signed thereto, when it shall have been acknowledged by him or proved by two witnesses as to him before such clerk of the county court.
Who may take acknowledgement. Upon the request of any person interested therein, such clerk of the county court shall also admit any such writing to record, as to any person whose name is signed thereto.. a justice of the peace, notary public, recorder.. that such writing was acknowledged by such person, or proved as to him by two witnesses, before any person having such appointment, or before such court, mayor, or chief magistrate.
- 10 W. Va. Code. §43-1-2 (b)
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Notice of conveyance.. Any married person who conveys an interest in real estate shall notify his or her spouse prior to or within thirty days of the time of the conveyance if the conveyance involves an interest in real estate.. A person making a conveyance described in the previous sections shall have the burden of proof to show compliance..
- 11 W. Va. Code. §11-22-6
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On or after July 1, 1996, the clerk may not record any document .. unless there is tendered with the document a completed and verified sales listing form for the benefit and use of the State Tax Commissioner.
Source Link - 12 W. Va. Code § 59-1-10(a-1) (a-7)
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Fees to be charged by clerk of county commission.. (1) Thirty dollars for a deed of conveyance (with or without a plat), trust deed, fixture filing, or security agreement concerning real estate lease… (4) Ten dollars for a plat or map (with no deed of conveyance)…(7) One dollar for each additional page for documents or writings containing more than five pages.
Source Link - 13 W.Va. Code. §5A-8-15
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Records management and preservation of county records.. .(h) In addition to the fees charged by the clerk of the county commission under the provisions of §59-1-10 of this code, the clerk shall charge and collect an additional $2 fee for every document containing less than 20 pages filed for recording and an additional $1 fee for each additional 10 pages of document filed for recording..
Source Link - 14 W. Va. Code §11-22-2 (a)
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In addition to the excise tax described in this subsection, there is assessed a fee of $20 upon the privilege of transferring real estate for consideration. The clerk of the county commission shall collect the additional $20 fee before recording a transfer of title to real estate..
Source Link - 15 W. Va. Code §11-22-2 (a)(b)
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(a)Rate of tax; when and by whom payable; additional county tax.. Every person who delivers, accepts, or presents for recording any document, or in whose behalf any document is delivered, accepted, or presented for recording, is subject to pay for.. an excise tax upon the privilege of transferring title to real estate at the rate of $1.10 for each $500 value or fraction thereof as represented by the document as defined in §11-22-1 of this code..
(b).. there is imposed an additional county excise tax for the privilege of transferring title to real estate at the rate of 55 cents for each $500 value or fraction thereof .. which county tax shall be payable at the time of delivery, acceptance, or presenting for recording of such document… the county may increase the excise tax to an amount not to exceed $1.65 for each $500 value,
Source Link - 16 W. Va. Code. §11-22-1 (4)
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“Document” means any deed, or instrument or writing by which any real property within this state or any interest in real property is granted, conveyed.. but does not include.. transfer of real property where the value of the property transferred is $100 or less…. transfers between husband and wife, transfers between parent and child or transfers between parent and child and his or her spouse, without consideration…quitclaim or corrective deeds without consideration..
Source Link - 17 W. Va. Code. §55-2-6
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Every action to recover ..within ten years; if it be upon any other contract in writing under seal, within ten years; if it be upon an award, or upon a contract in writing, signed by the party to be charged thereby, or by his agent, but not under seal, within ten years..
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