West Virginia Quitclaim Deed (Short Form)
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FAQ
Laws & Requirements 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.
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.
A quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
To record a quitclaim deed with a county clerk in West Virginia, the instrument must meet state and county requirements of form and content for documents pertaining to an interest in real property. All recorded deeds must be accompanied by a Sales Listing Form.
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.
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.
