West Virginia Grant Deed

In West Virginia, title to real property can be transferred from one party to another using a grant deed.

A statutory form for conveying real property is codified at West Virginia Code Section 36-3-5, with room to customize the form as needed for the situation. Typical covenants of a grant deed include that the grantor has not previous sold the interest now being conveyed and that the premises are free from encumbrances, excepting those noted in the instrument. Statutory covenants are codified at W. Va. Code 36-4, and require specific language in the body of the deed.

To be valid and to provide a quality public record, the section of the deed that details the words and terms of conveyance (granting clause) must name both the grantor and grantee. It also includes a legal description detailed enough to identify the specific parcel within its district.

The granting party must sign the deed in the presence of a notary public. Property owned by a married person requires the spouse's signature to release potential marital rights, regardless of whether the spouse holds a direct interest in the property.

Deeds in this state are void as to creditors and subsequent purchasers for valuable consideration without notice until it is recorded in the county where the property is located (W. Va. Code 40-1-9). In other words, record it or it didn't happen.

To record a grant deed with a county clerk in West Virginia, the instrument must meet state and county requirements of form and content for documents pertaining to an interest in real property. Deeds recorded in West Virginia are subject to a transfer tax based on the purchase price (consideration) listed on the deed, or, if no consideration is listed, the fair market value of the property. Transfers with no consideration require a Declaration of Consideration or Value. All recorded deeds must be accompanied by a Sales Listing Form.

If the grantor is not a West Virginia resident, tax withholding pursuant to W. Va. Code Section 11-21-71b is also required.

Consult a lawyer with questions about grant deeds, or for any other issues related to real property in West Virginia.

Deeds.com West Virginia Grant Deed Forms Have Been Updated as Recently as Friday August 2, 2019

4.7 out of 5 (779 Reviews)

What others like you are saying:

Mary W. said: Great service. Thank you

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Cindi S. said: I asked for a letter of testamentary form and this is what I got. Not at all what I was hoping for. Just spent $20 for nothing. Very disappointed.

Reply from Staff: Thank your or your feedback. We are sorry to hear of the disappointment caused when you ordered our Colorado Personal Representative Deed of Distribution hoping you would receive something entirely different. We have corrected your mistake by canceling your order and payment. Have a wonderful day.

Robert H. said: I have used the quit claim form and seem is very easy.

Reply from Staff: Thank you Robert, have an awesome day!

Tod F. said: In 15 minutes I had my out of state documents. I am very pleased with the ease of acquiring them. I will definitely be using Deeds.com again if the need arises.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Linda D. said: It was quick & easy so thank you!

Reply from Staff: Thank you Linda.

Daron S. said: A download in word format would be a lot better than the pdf download.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!