Real Estate Deeds

West Virginia Quit Claim Deed

To record a quitclaim deed with a county clerk in West Virginia, the document must be signed by the grantor. It is necessary to have this signature acknowledged or proved by two witnesses. Further requirements must be met in order for the recording to be valid, but it should be noted that the West Virginia Code does stipulate that an instrument purporting to convey land or interest in land will not fail due to lack of conformity with the language of sections five, six, seven, eight, or nine of the Estates and Property chapter. (WVC, 39-1-2 and 39-1-4, 20012). With that in mind, in order to be valid and to provide a quality public record, both the grantor and grantee must be named in the section of the quitclaim deed that details the words and terms of conveyance. A legal description of the real property is an integral section of a quitclaim deed in West Virginia. In section 36-3-5 of the West Virginia code, the suggested deed form shows a space for the amount of consideration exchanged for the property, but according to the West Virginia Code, "If a deed of real property is in other respects valid, it shall not fail for want of a payment of consideration, or the recital of a consideration in the deed" (WVC, 36-3-6, 2012). It is helpful, but not required for a valid recording, to list the consideration value of the real property in a West Virginia quitclaim deed.

It is important to record a quitclaim deed so that it can be made a matter of public record in the appropriate county recorder's office in West Virginia. A quitclaim deed in this state is void as to creditors and subsequent purchasers for valuable consideration without notice until it is recorded in the county where the property is located (WVC 40-1-9, 2012). Essentially, an unrecorded quitclaim deed is valid only between the parties involved in its creation, as creditors and later buyers have no knowledge of its existence. In the case of more than one recorded document attached to real property, priority is given to the first one admitted to record. West Virginia Quit Claim Deed Forms Have Been Updated as Recently as Wednesday June 6, 2018