West Virginia Special Warranty Deed

County Specific Legal Forms Validated as recently as April 28, 2026 by our Forms Development Team

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About the West Virginia Special Warranty Deed

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How to Use This Form

Select your county from the list on the left
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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"Very good experience."

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— Gordon J.

"The experience was generally very satisfactory. I was able to fill out the Trust Deed and send it vi…"

— Jennifer O.

"Quick, easy, affordable, eliminated the need for a lawyer."

— Evelyn R.

"Responses to my needs were prompt and professional. I found the service easy to use and clearly outl…"

Special warranty deeds are commonly used to convey real property in West Virginia. A statutory form for conveying real property is codified at West Virginia Code Section 36-3-5. When a deed contains words of special warranty under Section 36-4-3, the grantor promises to warrant and defend the property for the grantee against the claims and demands of the grantor and all persons claiming by, through, or under the grantor.

The warranty is limited to the time the grantor held title and does not guarantee the quality of the title past the grantor's ownership. Therefore, a special warranty deed offers less protection for the buyer than a general warranty deed.

In addition to the covenant of warranty, a special warranty deed can include additional statutory covenants under W. Va. Code Chapter 36, Article 4, including right to convey, quiet possession, a special covenant against encumbrances, and a covenant of further assurances.

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 because of potential marital rights, regardless of whether the spouse holds a direct interest in the property.

A special warranty 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 special warranty 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.

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 special warranty deeds or for any other issues related to transferring real property in West Virginia.

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

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

What Others Like You Are Saying

— James M.

"Very good experience."

— Duane S.

"Really glad to find your site. Made filing so much easier."

— Gordon J.

"The experience was generally very satisfactory. I was able to fill out the Trust Deed and send it vi…"

— Jennifer O.

"Quick, easy, affordable, eliminated the need for a lawyer."

— Evelyn R.

"Responses to my needs were prompt and professional. I found the service easy to use and clearly outl…"

Common Uses for Special Warranty Deed

Transfer property between co-owners
Transfer property between business entities
Transfer a vacation or second home to family
Transfer property between family members
Convey real estate as part of an estate plan
Transfer a partial interest in a property

Compare other West Virginia deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Grant Deed Correction Deed Deed of Trust and Promissory Note Release of Deed of Trust Installment Land Contract Memorandum of Land Contract Release of Memorandum of Contract Easement Deed Termination of Easement Transfer on Death Deed Transfer on Death Revocation Affidavit of Heirship Personal Representative Deed Trustee Deed Mineral Deed Quitclaim Mineral Deed Special Power of Attorney for the Purchase of Property Special Power of Attorney for the Sale of Property Disclaimer of Interest Certification of Trust Memorandum of Trust Notice of Lis Pendens Release of Lis Pendens

Important: County-Specific Forms

Our special warranty deed forms are specifically formatted for each county in West Virginia.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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