West Virginia Quit Claim Deed Form
The West Virginia Quit Claim Deed has minimal state law requirements that need to be met to undertake the process of conveying interest in a property or land. With this contract, a party called the “Grantor” will be legally empowered to transfer another party called the “Grantee” the interest they hold in a given property. Both parties can benefit from the efficiency of execution and the low costs incurred by this type of Deed. However, before drawing one up, these benefits should be weighed up against the fact that it contains neither any title guarantees nor warranties.
Laws: West Virginia Code, Chapter 36: “Estates and Property”
Name of preparer (§ 39-1-2a): The name of the individual who prepared the Quit Claim Deed must appear at the end of the form. The name may be printed, typewritten, stamped, or signed. The Deed must feature precisely the following statement, with the preparer’s name inserted in the appropriate space: “This instrument was prepared by (name)”.
Statutory form for a Deed (§ 36-3-5): State law offers a statutory form that once executed, will establish a lawful Deed in West Virginia. As this form does not include any specific language pertaining to Quit Claim Deeds, it is advisable to use one that does, such as the West Virginia Quit Claim Deed provided in this guide.
Transfer tax (§11-22-6): A state tax is imposed on any Deed recorded in West Virginia. Due to this, the Quit Claim Deed must have a statement or declaration of the consideration paid or the value of the property signed by the party the Grantor or Grantee (or another party, if appropriate). The form of declaration provided by §11-22-6 may be used for this purpose. Once completed, the statement or declaration must be either appended on the face or at the end of the form.
Signing requirements (§ 39-1-2): The West Virginia Quit Claim Deed must be signed by the Grantor, and either acknowledged by him or her, or witnessed by two (2) witnesses.
How to file a Quit Claim Deed in West Virginia (§ 39-1-2): All West Virginia Quit Claim Deeds must be recorded at the Clerk of the County Court in the county where the property or land lies. The fees the Clerk of the County Court charges will need to be paid according to the payment conditions set by the Clerk.
§40-1-9 establishes the legal terms for West Virginia to be considered a “notice recording statute” state. This means that in order to prevent a Quit Claim Deed from being rendered legally void, notice must be given to potential creditors and subsequent purchasers. Giving notice is as straightforward as filing/recording the Deed—a process explained in the section directly above.
Given how simple the process is, there is little excuse for not doing so. At the end of the day, it is in both parties’ best interests to do so. The reason being that should another party purchase the same property because they lacked notice, under West Virginia’s notice recording statute, the claim of this “subsequent purchaser without notice” will be prioritized over the claim of the parties who did not provide notice.