Upshur County Quitclaim Deed (Divorce) Form

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.