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A Virginia quit claim deed is the instrument used to transfer property without the inclusion of warranties or covenants protecting the transferee against encumbrances. While a quit claim deed may be impractical for most home purchases, it is a convenient solution when buyer protection is not an important factor.
Conveyances between spouses or a parent and child are commonly made with a quit claim deed as the title’s history is usually known. Quit claim deeds can also be used to correct an error from a previous deed, such as a misspelling or a missing signature. A quit claim deed with the proper formatting requirements may be recorded with the county clerk; this is a process known as “curing” or “perfecting” the title.
- Statute: § 55.1-363
- Formatting: §§ 17.1-223, 17.1-227, 55.1-300, 55.1-604. Formatting standards may vary per county (see Fairfax County).
- Signing Requirements (§§ 55.1-600 & 55.1-612): Notary Public or Two (2) Witnesses
- Where to Record (§ 55.1-407(A)): County Circuit Court Clerk
- Recording Fees (§ 17.1-275(2)):
- $18 for documents of ten (10) or fewer pages, $32 for documents of eleven (11) to thirty (30) pages, and $52 for documents of thirty-one pages or more.
- Virginia Deed Fees and Taxes Calculator
- Cover Sheet (§ 17.1-227.1): Must be included as the first page of a deed to meet filing requirements.
- Forms:
- Building Code or Zoning Ordinance Violations Disclosure (§ 55.1-706): Required for property with unresolved building code or zoning ordinance violations.
- Methamphetamine Disclosure (§ 55.1-708): Required if a property used for manufacturing methamphetamine has not been decontaminated as per state guidelines (§ 32.1-11.7).
- Military Air Installation Disclosure (§ 55.1-704): Required if a dwelling in proximity to a military air base is in a noise or accident potential zone.
- New Dwelling Disclosure (§ 55.1-702(B)): Required if a new property has defects constituting a building code violation, if any mining has been conducted on the property, or if abandoned mines, pits, or shafts are present on the property.
- Privately Owned Stormwater Facility Disclosure (§ 55.1-708.1): Required if the property is furnished with a privately owned stormwater management facility.
- Residential Property Disclosure Statement (§ 55.1-703(A)): Informs the buyer that the seller must provide them with certain property disclosure statements.
- Septic System Disclosure (§ 32.1-164.1:1): Required for property with a septic system in need of repair.