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The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
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.
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.
A general warranty deed is a type of West Virginia deed that transfers property with general warranty. A property owner who signs a general warranty deed promises to stand behind the transferred title?defending the new owner's property rights against competing claims.
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.
The basic filing fee to record a West Virginia deed is $27.00, which includes a $2.00 preservation fee. The clerk charges an extra $1.00 fee for each page beyond five pages. A deed transferring real estate for consideration costs an extra $20.00 fee.
Transfers of real property must be in writing and notarized. Deeds should be recorded in the county where the property is located. When you are buying property, you also need to choose how you are going to hold title. Co-buyers can take title as joint tenants with right of survivorship or tenants in common.