Berkeley County Quitclaim Deed (Divorce) Form
Last validated August 4, 2026 by our Forms Development Team
Berkeley County Quitclaim Deed (Divorce) Form
Fill in the blank Quitclaim Deed (Divorce) form formatted to comply with all West Virginia recording and content requirements.

Berkeley County Quitclaim Deed (Divorce) Guide
Line by line guide explaining every blank on the Quitclaim Deed (Divorce) form.

Berkeley County Completed Example of the Quitclaim Deed (Divorce) Document
Example of a properly completed West Virginia Quitclaim Deed (Divorce) document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional West Virginia and Berkeley County documents included at no extra charge:
Where to Record Your Documents
Berkeley County Clerk
Martinsburg, West Virginia 25401
Hours: Monday-Friday 9:00am to 5:00pm
Phone: (304) 264-1927
Recording Tips for Berkeley County:
- Verify all names are spelled correctly before recording
- Both spouses typically need to sign if property is jointly owned
- Bring extra funds - fees can vary by document type and page count
- Mornings typically have shorter wait times than afternoons
Cities and Jurisdictions in Berkeley County
Properties in any of these areas use Berkeley County forms:
- Bunker Hill
- Falling Waters
- Gerrardstown
- Glengary
- Hedgesville
- Inwood
- Martinsburg
- Ridgeway
Hours, fees, requirements, and more for Berkeley County
How do I get my forms?
Forms are available for immediate download after payment. The Berkeley County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Berkeley County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Berkeley County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Berkeley County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Berkeley County?
Recording fees in Berkeley County vary. Contact the recorder's office at (304) 264-1927 for current fees.
Questions answered? Let's get started!
A West Virginia divorce order can award the marital home to one spouse and leave the land records showing nothing at all. The order sits in a court file; title moves only on a recorded instrument. This quitclaim deed is that instrument, arranged for one spouse or former spouse to release a marital parcel to the other and to name the court, the civil action number, and the order or agreement it performs.
Two records, and only one of them is a land record
W. Va. Code Section 48-7-108 is blunt about the gap: as to a third party, the doctrine of equitable distribution creates no interest in or title to property before a judicial determination. Section 40-1-9 leaves a deed void as to lien creditors and later purchasers without notice until duly recorded where the land lies. An examiner reading the chain a decade from now reads deed books, not docket sheets. Where a party will not sign, Section 48-7-107 answers with a commissioner's deed.
An exception that ends when the marriage does
Since July 11, 2025, Section 39-1-2(b)(2) has made the grantee's signature a condition of recording a quitclaim passing no consideration, and a deed recorded against the rule is void. The exceptions the subsection lists are relationships, and relationships have dates. A release delivered while the parties remain married sits inside the husband and wife exception; one delivered after the order that, under Section 48-1-215, changes their status to that of single persons does not. The same date governs the Section 11-22-1 exclusion of transfers between husband and wife from taxable documents. Section 10 therefore draws the grantee block in every copy.
A release measured by what the grantor holds
Section 36-3-7 gives a deed releasing to the grantee all claims upon the land the effect of a quitclaim of everything held at law and in equity. Section 8 prints those words beside a line stating that no covenant of Chapter 36, Article 4 is made or implied. Its third paragraph carries what matters most to divorcing owners: the deed passes real property only and discharges no obligation secured by it. A deed of trust is a bargain with a lender, and no paper the parties sign between themselves takes either name off the note.
Survivorship a decree does not sever
An older vesting deed can surprise separating co-owners. Section 36-1-19 strips the common law survivorship incident, so a deceased joint tenant's share passes as a tenant in common's would unless the instrument satisfies Section 36-1-20. Where one did, Young v. McIntyre holds that a divorce decree alone did not sever the joint tenancy, and that survivorship never arose from the marriage to begin with. A recorded deed is the express act of severance.
One grantor, one grantee, and the case on the face of the deed
The form takes one individual grantor, one grantee, one parcel, and one proceeding. Section 3 collects the court, its county, the civil action number, the order or agreement, and its date. Section 9 carries one grantor signature over one certificate, and Section 10 the conditional grantee block with a certificate of its own, so the parties may sign on different days and before different notaries, as the example does four days apart. A spouse deeding out of a jointly titled home so the other can refinance alone, and a former spouse clearing a marital interest years after the case closed, both present the single-release pattern this deed recites. Two record owners signing together, a company, a fiduciary, or an agent under a power of attorney execute through blocks this form does not draw.
The exemption Chapter 48 supplies
Most West Virginia deeds find their transfer tax answer in Section 11-22-1; a divorce deed has a second place to look. Section 48-7-109 provides that, notwithstanding Chapter 11, no transfer of title to property under the equitable distribution article is taxable as a transfer of property without consideration, and that no excise tax under Chapter 11, Article 22 is required of it. Section 11 prints the Section 11-22-6 declaration, with lines for consideration paid, true and actual value, and the ground for any exemption. Jefferson County's published list still cites former Section 48-2-32, the predecessor provision.
The download delivers this West Virginia divorce quit claim deed as a fillable PDF, a completed example worked through a Monongalia County release, and a guide covering the eleven sections, both certificates, and the recording package. The materials are informational and are not legal advice.
Important: Your property must be located in Berkeley County to use these forms. Documents should be recorded at the office below.
This Quitclaim Deed (Divorce) meets all recording requirements specific to Berkeley County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Berkeley County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.
Save Time and Money
Get your Berkeley County Quitclaim Deed (Divorce) form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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August 17th, 2020
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July 17th, 2019
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August 10th, 2019
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