Updated on October 26th, 2022
A West Virginia deed is a legal tool used for conveying ownership of a property from a grantor (the person releasing the title) to a grantee (the person receiving the title). By creating a record of the transfer, a property’s new title holder can be easily identified, as can the party liable for encumbrances and claims.
General warranty deeds and, to a lesser extent, special warranty deeds, will ensure the grantee will not need to resolve encumbrances. Title transfers executed under a quit claim deed, however, will transfer liability for encumbrances onto the grantee, as well as release the grantor from any obligations relating to the title.
Deed of Trust – Secures a loan by assigning a property title to a trustee until the debtor settles their obligation with a creditor.
General Warranty Deed – A deed wherein the grantor assures they are the rightful title holder and that they will defend the title against claims.
Lady Bird Deed – Used to name one (1) or more beneficiaries to inherit a property after the owner dies.
Quit Claim Deed – Used by a grantor to surrender ownership of a title. No guarantees regarding the title’s condition or the legitimacy of the grantor’s ownership are conveyed.
Special Warranty Deed – A deed wherein the grantor provides a warranty that claims against the title have not been made during their ownership, but they provide no such assurances regarding previous title holders.
Transfer on Death Deed – Allows a property to be conveyed (without warranty) to a designated beneficiary upon the owner’s death.
- Statutes: Chapter 36 (Estates and Property)
- Formatting: §§ 36-3-5, 36-12-9, 39-1-2a, 39-1-11. Counties may have specific formatting requirements (see Jefferson County).
- Signing Requirements (§ 39-1-2): Notary Public or Two (2) Witnesses
- Where to Record (§§ 40-1-9, 39-1-2): County Clerk’s Office
- Recording Fees (§ 59-1-10(a)(1) & (7)): $30 for the first five (5) pages; $1 for each additional page.
- State/County Excise Tax (Transfer Tax) (Ch. 11, Article 22): Deeds that are not exempted under § 11-22-1(4) are subject to a state excise tax of $1.10 for each $500 of the property’s value and a county excise tax of 55¢ for each $500 of the property’s value (§ 11-22-2(a) & (b)), payable at the time of recording. Certain counties may charge higher rates and additional fees.
- Declaration of Consideration or Value Statement: Deeds subject to the transfer tax (see below) must contain a “Declaration of Consideration or Value” statement using the language outlined in § 11-22-6 or similar.
- Sales Listing Form (Form STC 12:39): Must be filed with the County Clerk when recording a deed.