West Virginia Disclaimer Deed

State:
Multi-State
Control #:
US-01994BG
Format:
Word; 
Rich Text
Instant download

Description

A disclaimer deed is a deed in which a spouse disclaims any interest in the real property acquired by the other spouse. A mortgage company often asks a borrower to sign a disclaimer deed so that his spouse not having her name on the loan, cannot claim any interest in the property.

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FAQ

Beneficiary Property Responsibility In Virginia, you have a nine month period in which to disclaim, or reject, your inheritance. It is your responsibility, as the beneficiary, to file your disclaimer in a timely manner.

Declaration of Consideration of Value (This is the monetary amount for which the property is sold. If the property is being transferred without monetary value, it must state in the declaration paragraph 'why' it is exempt from transfer tax.)

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.

You disclaim the assets within nine months of the death of the person you inherited them from. (There's an exception for minor beneficiaries; they have until nine months after they reach the age of majority to disclaim.) You receive no benefits from the proceeds of the assets you're disclaiming.

A person may disclaim in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

Updated on September 15th, 2022. A West Virginia general warranty deed is used to document a real estate transaction and set forth a warranty of the title's condition and the seller's ownership in the property.

If all inheritors do not agree then the property cannot be sold.

To be effective, a disclaimer shall be in writing or other record, declare the disclaimer, describe the interest or power disclaimed, be signed by the person making the disclaimer, and be delivered or filed in the manner provided in § 64.2-2610.

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West Virginia Disclaimer Deed