Virginia Quitclaim Deed: Requirements, Recording and Recordation Tax

A Virginia quitclaim deed passes whatever interest the grantor holds in a piece of real estate, and the Code of Virginia treats it as a deed like any other: under Va. Code § 17.1-227, a quitclaim deed submitted for recording must be prepared to the deed requirements of § 55.1-300. Two things make it count. The grantor's signature must be acknowledged before a notary or another authorized officer, or proved by two subscribing witnesses who give their evidence on oath before the clerk, a notary or another listed officer, who certifies it on the deed (§§ 55.1-600 and 55.1-612), and the deed must be recorded by the clerk of the circuit court in the county or city where the property lies, because under § 55.1-407 an unrecorded deed is void against later buyers for value without notice and lien creditors. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Virginia law on preparing, signing and recording a quitclaim deed: the deed form and construction rules in Title 55.1 of the Code of Virginia, the clerk's recording requirements and fees in Title 17.1, the state recordation tax, grantor tax and their exemptions in Chapter 8 of Title 58.1, the abolition of dower and curtesy, and the transfer on death deed in Title 64.2. It notes the federal rules on mortgages and gift tax only briefly. It does not cover title insurance, mortgage lender or servicer policies, the local fees and taxes of each Virginia county and city beyond the examples named, property tax reassessment or relief programs, or other states' laws.

What a quitclaim deed does in Virginia

Virginia names the quitclaim deed in its statutes but gives it no separate short form. Section 17.1-227 lists "quitclaim deeds" among the instruments recorded in the clerk's deed books, and § 58.1-811(D) gives a quitclaim deed made without consideration its own recordation tax exemption.

Under Va. Code § 55.1-363, a deed in which the grantor releases all of their claims upon the land is construed as remising, releasing and forever quitclaiming all of the grantor's right, title and interest, at law and in equity. Section 55.1-301 adds that, unless the deed provides otherwise, a deed conveying land includes "all the estate, right, title, and interest, both at law and in equity, of the grantor" in that land.

The deed passes only what the grantor actually has. Under § 55.1-109, a writing that purports to pass more than its maker may lawfully pass operates only as a transfer of the right or interest the maker could lawfully convey. A quitclaim deed makes no promise that the grantor's title is good or free of claims; for how that differs from a deed with title covenants, see quitclaim vs. warranty deed.

The deed must be in writing. Under § 55.1-101, no estate of inheritance or freehold in land passes except by deed or will.

The statutory deed form

Section 55.1-300 sets out the form "every deed" may follow. It uses the words "grant (or grant and convey)", states the consideration as "nominal or actual", and calls for a description of the property or interest conveyed, "including the name of the city or county in which the property is located", with room for any covenants the parties choose to insert.

The same section bars a recorded deed from referring to a prohibited restrictive covenant, and the clerk may refuse to record one that does.

Virginia publishes no official quitclaim deed form. The Virginia courts Deed Book Forms page lists certificates of satisfaction, lien memoranda, a Certificate of Transfer, an Affidavit Regarding Manufactured Home and the land records cover sheet, but no deed form. A Virginia lawyer can prepare a deed; circuit court clerks record documents but do not give legal advice.

What makes a Virginia quitclaim deed recordable

A deed that is valid between the parties can still be rejected at the clerk's counter. These are the statewide requirements the Code sets for recording.

Witnesses are not needed when the grantor acknowledges before a notary. The alternative is proof by two subscribing witnesses, who must give their evidence on oath before the court, the clerk, a notary or another listed officer, who certifies it on the deed; two people simply signing the deed as witnesses does not replace that step (§§ 55.1-600, 55.1-612(3)). Under § 55.1-602, a deed that is not properly notarized is not invalid for that reason, but it is not in proper form for recordation.

Watch out: If the deed is a gift or a quitclaim with no consideration and you want the § 58.1-811(D) recordation tax exemption, the deed itself must say it is a deed of gift or a quitclaim deed without consideration. The law under which the exemption is claimed goes on the face of the deed, or on the cover sheet if one is used (§§ 17.1-223, 17.1-227.1).

Does a spouse have to sign a Virginia quitclaim deed?

Not because of dower. Under Va. Code § 64.2-301, the interests of dower and curtesy are abolished, though interests that vested before January 1, 1991 are preserved. No Virginia statute cited here requires a spouse who is not on the title to sign a deed. A spouse's written consent can still matter later: some transfers a married owner makes during marriage, such as a gift in which the owner keeps the right to possess or enjoy the property, or gifts to one person in the two years before the owner's death above the federal annual gift tax exclusion, are counted in the augmented estate used for a surviving spouse's elective share, unless the spouse joined in the transfer or consented to it in writing (§§ 64.2-308.6, 64.2-308.9).

Property owned as tenants by the entirety is different. Under § 55.1-136(B), no interest held as tenants by the entirety may be severed by written instrument "unless the instrument is a deed signed by both spouses as grantors."

How spouses take title depends on the deed's words. Under § 55.1-135, property conveyed to spouses is held by moieties (half each) unless the deed uses joint tenancy or tenancy by the entirety language, and § 55.1-108 lets a person convey property to themselves and their spouse as tenants by the entirety, which is one way an owner adds a spouse to the title. Where a transfer is part of ending a marriage, see Virginia divorce laws.

Virginia's homestead exemption in § 34-4 is an exemption from creditor process: it lets a householder hold up to $50,000 in value of property used as the principal residence of the householder or the householder's dependents exempt from creditor process arising out of a debt. It is not a property tax exemption, and § 34-4 sets no rule about who signs a deed.

Where and how to record a quitclaim deed in Virginia

Virginia records deeds with the clerk of the circuit court of the county or city where the property is located (§§ 55.1-600, 55.1-407, 17.1-227). There is no separate county recorder of deeds. To search what is already on record before you sign, see Virginia property records.

What recording does

Virginia's recording statute protects buyers for value and lien creditors who have no notice. Under § 55.1-407, a deed is "void as to all purchasers for valuable consideration without notice not parties thereto and lien creditors, until and except from the time it is recorded in the county or city in which the property" is located. When instruments are recorded on the same day, priority follows instrument number (§ 55.1-410).

The statute speaks to later buyers and creditors, not to the grantor and grantee. It does not say an unrecorded deed is void between the parties who signed it.

Cover sheet

A circuit court clerk may require a cover sheet with any deed (§ 17.1-227.1). The statewide form is Form CC-1570, Virginia Land Record Cover Sheet, with instructions in CC-1570INST. Under § 17.1-227.1 the cover sheet carries the grantor and grantee names, the consideration and actual value for deeds taxed under § 58.1-801, the law under which any recordation tax exemption is claimed, the tax map or parcel number if required, and the name and address for return of the recorded deed. The form includes a field for the Virginia or federal code section of any tax exemption.

Each clerk decides whether to require a cover sheet. Fairfax County, for example, publishes its own land records cover sheet application.

Local formatting rules: Fairfax County example

Clerks can add local requirements. The Fairfax County Circuit Court land records recordation requirements (document CCR A-60, effective February 19, 2025) call for white unglazed paper from 8½ x 11 to 8½ x 14 inches, black print of 9 point or larger, margins of at least 1 inch at the top, left and bottom and ½ inch on the right, original signatures in dark blue or black ink, and the grantee's current address in the left margin of the first page. These are Fairfax rules, not statewide rules; check with the clerk in the county or city where your property lies.

Electronic recording

Under § 17.1-223, a clerk with an eRecording System records electronic documents under the Uniform Real Property Electronic Recording Act (§ 55.1-661 and following). A clerk without one records a legible paper copy certified by the submitter. Whether e-recording is available depends on the clerk's office.

Recording fees and recordation taxes in Virginia

Virginia has no separate transfer tax return for a deed. The clerk determines and collects the taxes and, under § 58.1-812, may ask about the consideration, the property's actual value and any claimed exemption "by inquiry, affidavit, declaration or other extrinsic evidence acceptable to the clerk."

Since a 2024 amendment (2024 Acts c. 140), the "value of the property conveyed" for these taxes means "the most recent property tax assessment for such property at the time the property is conveyed" (§ 58.1-801). Which localities impose a local recordation tax or a regional fee varies, so confirm the total with the clerk before recording.

Misstating the price is a crime. Under § 58.1-812, a person who knowingly misrepresents the consideration, or other information the clerk requests, commits a Class 1 misdemeanor, and an intentional understatement adds a penalty of 100 percent plus interest.

Recordation tax exemptions that fit quitclaim situations

Section 58.1-811 lists the deeds exempt from the state recordation tax. The ones that most often fit a quitclaim are these.

• Gift or quitclaim with no consideration. No recordation tax is required for a deed of gift or quitclaim deed "when no consideration has passed between the parties." The deed must state that it is a deed of gift or a quitclaim deed without consideration (§ 58.1-811(D)). The same subsection covers a deed to correct a fraudulently recorded deed. A deed reciting a nominal price is not clearly covered, because the exemption depends on no consideration passing.
• Divorce. A deed transferring property under a decree of divorce or of separate maintenance, or under a written instrument incident to the divorce or separation, is exempt from the state recordation tax (§ 58.1-811(A)(14)) and, under the version of § 58.1-811 now in effect, from the grantor's tax and the regional fees (§ 58.1-811(C)(1)).
• Revocable living trust. A deed to the trustees of a revocable inter vivos trust is exempt from the recordation tax when the grantors and the trust beneficiaries are the same persons, even if other beneficiaries are also named, and no consideration has passed (§ 58.1-811(A)(11)); it is also exempt from the grantor's tax and, under the version of § 58.1-811 now in effect, the regional fees (§ 58.1-811(C)(1)).
• Partition. A deed of partition among joint tenants, tenants in common or coparceners (§ 58.1-811(A)(13)).
• Deeds of distribution and transfer on death deeds. A deed of distribution without consideration that says so on its front page (§ 58.1-811(K)), and a transfer on death deed or its revocation when no consideration has passed (§ 58.1-811(J)).

Section 58.1-811 has no separate exemption for transfers between spouses or between a parent and child. Those transfers rely on the gift or no-consideration quitclaim exemption in subsection (D), or on the divorce exemption when it applies.

The grantor's tax applies to realty sold. In Ruling 10-130 (2010), Virginia's Tax Commissioner said the grantor's tax is imposed on the consideration and does not apply if no consideration existed for the conveyance; Ruling 87-134 (1987) explains that the state and local recordation taxes, unlike the grantor's tax, run on the consideration or actual value, whichever is greater. Consideration is broader than money: Ruling 10-130 quotes an earlier ruling that it includes anything of value, such as assuming or releasing a liability of the grantor. Whether the regional fees apply to a deed made without consideration is a question to put to the circuit court clerk.

The General Assembly amended § 58.1-811 in 2026 (2026 Acts cc. 788 and 966). The Code site prints two versions of the section, one with a contingent effective date; as printed, the two versions differ only in their references to the regional fees in §§ 58.1-802.3 through 58.1-802.5.

Property tax after a quitclaim deed

Whether a quitclaim deed triggers a reassessment or affects eligibility for local real estate tax relief is a question for your city or county tax office. If you receive any local real estate tax relief on the property, ask your city or county tax office before you record.

Does a quitclaim deed remove you from the mortgage?

No. A quitclaim deed changes who owns the property; it does not change who owes the loan. Under federal regulation 12 CFR 191.5(b)(4), a lender releases an existing borrower from the loan obligations when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan. The release comes from that agreement with the lender, not from the deed.

Federal law also limits when a lender may call a loan due because of some family transfers, but only under conditions. 12 U.S.C. 1701j-3(d) applies to loans secured by residential property with fewer than five dwelling units and lists transfers including one where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The regulation, 12 CFR 191.5(b), applies these limits to a loan on a home the borrower occupies or will occupy:

• A transfer where a spouse or child becomes an owner, or a transfer under a divorce decree, legal separation agreement or incidental property settlement where the spouse becomes an owner, is covered only if that person occupies or will occupy the property (§ 191.5(b)(1)(v)).
• A transfer into a living trust is covered only if the borrower is and remains the beneficiary and occupant, and does not refuse to give the lender reasonable means of learning about later transfers or changes in occupancy (§ 191.5(b)(1)(vi)).
• A later event that disqualifies the transfer lets the lender enforce its due-on-sale clause (§ 191.5(b)(5)).

None of these rules makes a transfer free of risk. Read the loan documents and contact the loan servicer before signing a deed on mortgaged property.

Federal gift tax on a gifted house

A quitclaim deed given as a gift can raise federal gift tax questions. The IRS says the gift tax applies to a transfer by gift of any type of property, that the annual exclusion for gifts in 2026 is $19,000, and that the donor is generally responsible for paying any gift tax. This page does not give tax advice; a tax professional can explain how the rules apply to a particular gift.

Deed fraud protections in Virginia

VADeed Alert. The Office of the Executive Secretary of the Supreme Court of Virginia designed VADeed Alert, a free, voluntary service that sends an email when a document matching your name, business name or tax map or parcel ID is recorded in the local land records. It does not stop a document from being recorded and does not validate documents. Enrollment is linked from the Virginia courts Deed Book Forms page.

2026 legislation. The 2026 General Assembly amended § 55.1-903 (2026 Acts cc. 359, 364 and 365) so that, before settlement, "the settlement agent shall exercise ordinary care to reasonably ascertain the identity of a seller of real property." The 2026 acts also added § 47.1-8.1, which requires proof of a notary's commission before a vendor provides a notary seal, and § 47.1-5.2, a course of instruction and examination for notary commissions that includes real estate fraud and financial exploitation, which the Code site labels "Effective July 1, 2027."

The FBI's Internet Crime Complaint Center advised property owners in a June 2026 alert to check whether their local recording office offers notification when a document is recorded in their name; in Virginia, VADeed Alert is that service.

A transfer on death deed as an alternative

If the goal is to pass a home at death rather than now, Virginia's Uniform Real Property Transfer on Death Act (Va. Code § 64.2-621 and following) lets an owner name beneficiaries in a transfer on death deed. Under the Act, the deed must state that the transfer occurs at the owner's death, comply with Chapter 6 of Title 55.1, be executed by all joint owners if the property has joint owners (owners with a right of survivorship, not tenants in common, under § 64.2-621), and be recorded in the circuit court clerk's land records before the owner dies (§ 64.2-628). No consideration is required (§ 64.2-629), and no recordation tax is due when none passes (§ 58.1-811(J)). For what happens to property that passes through an estate, see Virginia probate.

Common myths about Virginia quitclaim deeds

"There is no tax on a gift deed." Only if no consideration passes and the deed says it is a deed of gift or a quitclaim deed without consideration (§ 58.1-811(D)). Otherwise, the state recordation tax runs on the greater of the consideration or the assessed value (§ 58.1-801).

"A quitclaim gives the new owner weaker standing against later claims." Section 55.1-407 says the fact that a deed "is in the form of or contains the terms of a quit-claim or release shall not prevent the grantee from being a purchaser for valuable consideration without notice."

"A quitclaim isn't valid until it is recorded." Section 55.1-407 makes an unrecorded deed void against later buyers for value without notice and lien creditors. It does not say the deed is void between the grantor and grantee, but recording promptly is what protects the new owner.

"Dower means my spouse has to sign." Dower and curtesy are abolished (§ 64.2-301), apart from interests that vested before January 1, 1991. The both-spouses signature rule in § 55.1-136(B) applies to severing a tenancy by the entirety.

Related

• Quitclaim deed rules by state
• Virginia property records
• Quitclaim vs. warranty deed
• Virginia divorce laws
• Virginia probate

This article is general legal information about Virginia law (the Code of Virginia, Titles 17.1, 55.1, 58.1 and 64.2) and the federal rules noted above, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact the clerk of the circuit court for the county or city where the property lies (clerks cannot give legal advice), a legal aid office, or a lawyer licensed in Virginia.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Virginia?

Have the grantor sign the deed and acknowledge it before a notary or another authorized officer (or have two subscribing witnesses prove the signature on oath before the clerk, a notary or another listed officer, who certifies it), then take it to the clerk of the circuit court in the county or city where the property lies (Va. Code §§ 55.1-600, 55.1-612, 55.1-407, 17.1-227). The clerk may require a cover sheet such as Form CC-1570 and collects the recording fee and any recordation taxes.

Does a quitclaim deed need to be notarized in Virginia?

To be recorded, the grantor's signature must be acknowledged before a notary or another officer listed in the Code, or proved on oath by two subscribing witnesses before the clerk, a notary or another listed officer, who certifies it (§§ 55.1-600, 55.1-612). Under § 55.1-602, a deed that is not properly notarized is not invalid for that reason but is not in proper form for recordation.

How much does it cost to record a quitclaim deed in Virginia?

The statewide clerk's fee under § 17.1-275 is $18 for 10 or fewer pages, $32 for 11 to 30 pages and $52 for 31 or more, and the clerk also assesses an $8 Technology Trust Fund Fee on each instrument recorded in the deed books (§ 17.1-279). Recordation taxes, any local recordation tax, any regional fee and a $3 open-space fee in some jurisdictions can be added, so confirm the total with the clerk.

Do you pay recordation tax on a quitclaim deed in Virginia?

The state recordation tax is 25 cents per $100 of the consideration or the most recent assessed value, whichever is greater (§ 58.1-801). No recordation tax is required for a quitclaim deed or deed of gift when no consideration has passed and the deed states that it is a deed of gift or a quitclaim deed without consideration (§ 58.1-811(D)).

Is a divorce quitclaim deed exempt from Virginia recordation tax?

A deed transferring property under a decree of divorce or of separate maintenance, or under a written instrument incident to the divorce or separation, is exempt from the state recordation tax (§ 58.1-811(A)(14)) and from the grantor's tax (§ 58.1-811(C)(1)).

Does my spouse have to sign a quitclaim deed in Virginia?

Dower and curtesy are abolished (§ 64.2-301), and no Virginia statute cited here requires a spouse who is not on the title to sign. If the property is held as tenants by the entirety, § 55.1-136(B) requires a deed signed by both spouses as grantors to sever it. A spouse's written joinder or consent can also affect whether a gift is later counted toward the surviving spouse's elective share (§§ 64.2-308.6, 64.2-308.9).

Does a quitclaim deed remove me from the mortgage?

No. The deed changes ownership, not the loan; under 12 CFR 191.5(b)(4), a lender releases an existing borrower when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

Is there an official Virginia quitclaim deed form?

No. The Virginia courts Deed Book Forms page lists the land records cover sheet (CC-1570) and other filings, but no deed form; a Virginia lawyer can prepare a deed, and clerks cannot give legal advice.

Who prepares a quitclaim deed in Virginia?

For residential property of not more than four dwelling units, the first page must state that the deed was prepared by the owner or by an attorney licensed in Virginia, with the attorney's name and Virginia State Bar number (§ 17.1-223).

Is a Virginia quitclaim deed valid if it is not recorded?

Under § 55.1-407, an unrecorded deed is void against later purchasers for valuable consideration without notice and lien creditors until it is recorded. The statute does not say it is void between the grantor and grantee, but recording is what protects the new owner.