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A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.
Each of West Virginia's counties has an elected clerk of the county commission?commonly called the county clerk?who maintains the county land records. A person who wants to record a deed files the deed for recording with the county clerk for the county where the real estate is located.
If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.
Code, §§ 40-1-9, 39-1-2) ? A property's deed must be filed in the County Court Clerk's Office in the jurisdiction where the real estate is located. Signing (W. Va. Code, § 39-1-2) ? All deeds are required to be signed with two (2) witnesses or a Notary Public present.
Laws Recording (W. Va. Code, §§ 40-1-9, 39-1-2) ? Must be filed and recorded in the County Court Clerk's Office located within the jurisdiction of the property. Signing (W. Va. Code, § 39-1-2) ? Must be signed with the Grantor(s) in the presence of a Notary Public or Two (2) Witnesses. Statute ? W. Va. Code, § 36-3-5.
What Is a West Virginia Quitclaim Deed? West Virginia real estate owners can transfer ownership by signing and recording a deed. 1. A quitclaim deed is a specific deed form that transfers whatever claim or interest the signer has in the property without guaranteeing the property's title is clear or valid.
The current owner transferring property must sign a West Virginia deed. The county clerk cannot record an unsigned deed. An agent acting under power of attorney can sign a deed on the owner's behalf if the owner has signed a power-of-attorney agreement giving the agent authority. Notarization.