West Virginia Quitclaim Deed

West Virginia Code Section 36-3-5 establishes a statutory form for conveying real property in West Virginia.

When a deed contains the words for release codified at Section 36-3-7, the deed is construed to convey whatever right, title, and interest the grantor has in the premises granted, "as if it set forth that the grantor or releasor hath remised, released, and forever quitted claim."

Quitclaim deeds provide the least amount of protection for the grantee (buyer) because they contain no warranty of title. A quitclaim deed, therefore, is a common manner of conveyance for clearing title or when adding or removing parties from the deed.

To be valid and to provide a quality public record, both the grantor and grantee must be named in the section of the deed that details the words and terms of conveyance (conveyancing clause). In addition, the property must be able to be identified by inclusion of a legal description, including the district in which the parcel is located.

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.

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 (W. Va. Code 40-1-9). To record a quitclaim 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. All recorded deeds must be accompanied by a Sales Listing Form.

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. For deeds having no consideration, a Declaration of Consideration or Value is required.

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

(West Virginia QD Package includes form, guidelines, and completed example)