West Virginia Quit Claim Deed Form

West Virginia Quit Claim Deed Form

The West Virginia Quit Claim Deed is a two (2) page document that, once completed, transfers interest in a property or land from one person (or entity) to another. The name of the party that receives the property is known as the “Grantee”, and the party relinquishing ownership is known as the “Grantor.” Both parties can benefit from the efficiency of execution and the low costs incurred by this deed-type. However, before using the deed, the benefits should be weighed up against the fact that the form contains neither guarantees nor warranties that the property is without liens or other claims of interest.

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Laws: Ch. 36: “Estates and Property”

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Requirements

Name of Preparer (§ 39-1-2a): The name of the individual who prepared the deed must appear at the end of the form. The name may be printed, typewritten, stamped, or signed. The name of the preparer must be written as follows: “This instrument was prepared by (name).”

Transfer Tax (§11-22-6): A state tax is imposed on all deeds created in WV. Due to this, the quit claim deed must have a statement or declaration of the consideration (payment) made 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 (§ 39-1-2): Must be signed by the Grantor and either acknowledged by a Notary Public or witnessed by two (2) witnesses.

How to File

In accordance with § 39-1-2, the completed deed must be recorded at the Clerk of the County Court in the county where the property or land lies. The Grantor should be prepared to pay any recording fees.

Recording Type: West Virginia is a “notice recording statute” state (§ 40-1-9).