A West Virginia quit claim deed allows a grantor to release their claim to a property and to name a grantee as the new owner, without providing any title warranties. Unlike in a warranty deed, the grantee is not assured that the title is free of claims and will need to resolve any issues that arise after deed recordation.
While quit claim deeds may not seem practical for homebuyers, they are useful when warranties are not vital or required. For instance, parties who are closely acquainted, such as family members, might not consider guaranteeing a title’s condition necessary and may execute a property transfer with a quit claim deed for simplicity’s sake.
- Statutes: Chapter 36 (Estates and Property)
- Formatting: § 36-3-5, § 39-1-2a, § 39-1-11. Standards may vary per county (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.
- Declaration of Consideration or Value Statement: A “Declaration of Consideration or Value” statement made in accordance with § 11-22-6 must be attached to or included in deeds (unless exempted from the State/County Excise Tax).
- Sales Listing Form (Form STC 12:39): A County Clerk cannot record a deed that is not accompanied by this form.