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If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.
Laws & Requirements Signing Requirements § 55-106: Quitclaim deeds be notarized and have the signature of two witnesses. Recording Requirements § 55-96: The completed and signed document must be returned to the Clerk of the Circuit Court with the proper filing fee.
All deeds must be prepared by the owner of the property or by an attorney licensed to practice in Virginia.
Recording Requirements § 39-1-2: The quitclaim deed is to be recorded with the county clerk where the property is located, and a recording fee of $30 must be paid. Transfer Tax: Yes: $1.10 for each $500 of the property's value.
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.
Standard Requirements for Recording All documents must have original signatures. NO PHOTOCOPIES ACCEPTED. If the document is handwritten, it must be legible. Print quality must be legible for the scanner to read and produce an acceptable image.
How to Transfer Virginia Real Estate Locate the most recent deed to the property. ... Create the new deed. ... Sign and notarize the new deed. ... Record the deed in the land records of the clerk's office of the circuit court in the jurisdiction where the property is located.
The form will be signed by both parties and requires a notary to legitimize the document. The document is then filed at a local county clerk's office. It's important to note quitclaim deeds do not directly affect a mortgage.