West Virginia Quitclaim Deed: Requirements, Recording and Tax

A West Virginia quitclaim deed is a deed in which the owner releases whatever claim they have to the land: under W. Va. Code 36-3-7, release wording such as "the said grantor releases to the said grantee all his claims upon the said lands" is construed as if the grantor had "remised, released, and forever quitted claim." To be recorded, the deed must be acknowledged before the county clerk or a notary or other authorized officer, or proved by two witnesses (39-1-2(a), 39-1-3), and it is recorded by the clerk of the county commission in the county where the land lies (40-1-9). A quitclaim given without consideration also needs the grantee's own signature and acknowledgment unless a family or transfer-on-death exception applies (39-1-2(b)(2)). For other states, see our guide to quitclaim deed rules by state.

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

Jurisdiction scope: This article covers West Virginia law on quitclaim deeds: the deed sections in Chapter 36, Article 3 of the West Virginia Code, recording and acknowledgment in Chapter 39, Article 1 and Chapter 40, Article 1, clerk fees in 59-1-10, the real property transfer excise tax in Chapter 11, Article 22 (as amended effective June 12, 2026), the spousal notice rule in 43-1-2, the senior and disability homestead exemption in 11-6B-3, and the transfer-on-death deed in Chapter 36, Article 12, with federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own rules, county rates beyond the statutory range, property assessment, or other states' laws.

What a quitclaim deed does in West Virginia

West Virginia does not have a code section titled "quitclaim deed" that sets out a short form. Instead, 36-3-7 gives release wording its quitclaim meaning: when a deed says the grantor "releases to the said grantee all his claims upon the said lands," or uses "words of like import," it is read as if the grantor "hath remised, released, and forever quitted claim."

The general deed form in 36-3-5 shows how little a West Virginia deed has to contain. A deed "may be made in the following form, or to the same effect," naming the parties and the consideration and stating that the grantor "grants unto" the grantee, followed by "(Here describe the property, and insert covenants or any other provisions.)" Covenants of title are something the deed adds, not something the form supplies. Under 36-3-6, a deed needs no recital or payment of consideration to be valid.

A deed can only pass what the grantor actually owns. Under 36-1-10, a deed that "purports to convey a greater right or interest in real property than the person making it may lawfully convey shall operate as an alienation of such right or interest in such real property as such person might lawfully convey." A quitclaim from someone with no interest passes nothing. For how deeds that promise good title compare, see quitclaim vs. warranty deeds.

People use a quitclaim to add or remove a spouse, give a home to a child, move a home into a trust, or clear up title after a divorce. In West Virginia, each of those runs into the grantee-signature rule and the excise tax exclusions covered below.

West Virginia quitclaim deed requirements

The West Virginia Code does not supply a quitclaim deed form. The county clerk can explain recording requirements but cannot give legal advice, and a lawyer licensed in West Virginia can prepare the deed.

Acknowledgment and witnesses

Under 39-1-2(a), the clerk admits a deed to record "as to any person whose name is signed thereto, when it shall have been acknowledged by such person or proved by two witnesses as to such person before such clerk of the county commission." Section 39-1-3 allows the acknowledgment to be taken by a notary, a clerk of any court and other officers it lists, and 39-1-4 gives the form of the acknowledgment certificate. When the deed is acknowledged, no subscribing witnesses are needed.

The grantee must sign a quitclaim without consideration

This is the West Virginia rule that most often trips up a do-it-yourself quitclaim. Under 39-1-2(b)(2), "The clerk shall not admit to record any quitclaim deed without consideration or any deed effecting the transfer of real property where the value of the property transferred is $100 or less for which no excise tax on the privilege of transferring real property on such instrument is paid" unless the deed "has been signed by the grantee thereon and acknowledged by the grantee or proved by two witnesses as to the grantee before such clerk of the county commission."

The grantee's signature is not needed for:

• a transfer on death deed; or
• a transfer without consideration, or for less than $2,000, between spouses, between a parent and child (or the child's spouse), or between a grandparent and grandchild (or the grandchild's spouse).

The consequence is severe. The same section says: "Any deed recorded in violation of this section is void and no interest transfers to grantee under such recorded deed." A gift by quitclaim to a sibling, a friend or an unmarried partner is not on that list of exceptions, so the grantee should sign and acknowledge the deed too.

Watch out: If a quitclaim without consideration is recorded without a required grantee signature and acknowledgment, 39-1-2(b)(2) makes the deed void. Check whether an exception covers your transfer before you record.

Preparer statement and format

Under 39-1-2a, a deed conveying real estate may not be recorded "unless the name of the person who, and governmental agency, if any, which, prepared such instrument appears at the conclusion of such instrument and such name is either printed, typewritten, stamped, or signed in a legible manner." A line reading "This instrument was prepared by" followed by the name satisfies it. Recording a deed that lacks it does not invalidate the deed, and the rule does not apply to deeds executed or acknowledged outside West Virginia.

Under 39-1-11, the clerk "may refuse to accept for recordation any instrument printed on both sides of the paper or printed in whole or part in smaller than 10-point type with at least two points separating each line." A refusal does not affect the deed's validity between the parties, and if the clerk records such a deed anyway, the fee is one and a half times the usual fee.

If the property description later turns out to contain an obvious error, 36-3-11 allows an attorney's corrective affidavit to fix it after notice to all parties and a 30-day period with no objection.

Does a spouse have to sign a West Virginia quitclaim deed?

Not for the deed to be valid. Dower and curtesy are abolished (43-1-1), so a non-owner spouse's signature is not a condition of the transfer. But West Virginia still expects the spouse to know.

Under 43-1-2, "Any married person who conveys an interest in real estate shall notify his or her spouse prior to or within thirty days of the time of the conveyance if the conveyance involves an interest in real estate to which dower would have attached." The spouse's signature on the deed, or other competent evidence, proves the notice. If the owner does not give notice and the couple divorces within five years, the value of the conveyed property becomes part of the conveying spouse's marital property for equitable distribution. The rule creates no lien or claim against the land itself. If the deed is part of a divorce, see our guide to West Virginia divorce laws.

Recording a quitclaim deed with the county clerk

Deeds are "recorded by, or under the direction of, the clerk of the county commission," and indexed under both the grantee's and the grantor's names (39-1-11). The deed is recorded in the county where the land lies (40-1-9).

What recording does

Recording is what protects the new owner against later buyers and creditors. Under 40-1-9, every deed conveying real estate, including "every deed of gift," is "void, as to creditors, and subsequent purchasers for valuable consideration without notice, until and except from the time that it is duly admitted to record" in the county where the land lies. Until then, a creditor or a later buyer for value without notice can take priority over the new owner. Once recorded, the deed becomes part of the county land records; see our guide to West Virginia property records.

Recording fees

West Virginia sets the clerk's recording fees by statute. Under 59-1-10(a)(1), the fee is "Thirty dollars for a deed of conveyance (with or without a plat)," plus $1 for each page over five (59-1-10(a)(7)). A "page" is a writing no larger than 8.5 by 14 inches. A separate $20 fee under 11-22-2(a) is added only on a transfer for consideration. Confirm the total with the county clerk before you record.

E-recording

Under 59-1-10, if the clerk "has the technology available to receive these documents in electronic form or other media, the clerk shall set a reasonable fee to record these writings not to exceed the cost for filing paper documents." No statewide e-recording mandate applies, so ask the county clerk whether the county accepts electronic recording.

West Virginia transfer tax on a quitclaim deed

West Virginia imposes an excise tax "on the privilege of transferring real property" (Chapter 11, Article 22). Payment is shown by documentary stamps affixed to the deed (11-22-4). The clerk computes the tax before recording. The grantor pays, unless the grantee accepts the deed without the stamps, in which case the grantee pays. Only one state tax and one county tax apply per document.

Rates

• The $1.10 tax. Section 11-22-2 imposes the tax "at the rate of $1.10 for each $500 value or fraction thereof as represented by the document." Since July 1, 2025, this tax "shall be a county excise tax retained by the county wherein the tax was collected." The rate to the taxpayer did not change.
• The additional county tax. Counties also impose an excise tax of 55 cents per $500. After July 1, 2017, a county commission "may increase the excise tax to an amount not to exceed $1.65 for each $500 value," by majority vote after published notice.

Because the add-on varies by county, ask the county clerk for the combined rate. Article 22 (11-22-1 to 11-22-10) does not provide a city transfer tax.

Transfers excluded from the tax

The tax applies to a "document" as 11-22-1 defines it, and that definition leaves out certain family and title-clearing transfers. The list now in force took effect June 12, 2026, when HB 4625 (Acts 2026, ch. 147), summarized as "Relating to quit claim deeds," amended 11-22-1. The family transfers the definition excludes are:

"Transfers between husband and wife, transfers between parent and child or transfers between parent and child and his or her spouse, without consideration, transfers between grandparent and grandchild, transfers between grandparent and grandchild and his or her spouse, without consideration, or transfers between siblings, without consideration."

For these purposes, child, grandchild and sibling include stepchildren, adopted children and lineal descendants. The definition also leaves out:

The current definition has no general exclusion for a deed just because it is a quitclaim or a gift. A quitclaim to someone outside the listed relationships, such as a friend or unmarried partner, is not excluded merely because it is a quitclaim. For a deed without consideration, 11-22-1 measures the tax on "the actual monetary value of the property conveyed or transferred"; confirm the figure with the county clerk before you record. A quitclaim without consideration also needs the grantee's signature and acknowledgment unless a 39-1-2(b)(2) exception applies.

Under 11-22-8, failing to pay the tax or attach the stamps "shall not be or constitute a lien or claim against the property conveyed by the recorded instrument." The penalty in that section is aimed at the clerk who records without the stamps.

Required forms

Two pieces of paperwork go with the deed under 11-22-6:

• Declaration of consideration or value. Each instrument subject to the tax "shall have appended on the face or at the end thereof a statement or declaration signed by the grantor, grantee or other responsible party familiar with the transaction therein involved declaring the consideration paid for or the value of the property thereby conveyed."
• Sales listing form. "On or after July 1, 1996, the clerk may not record any document with or without stamps affixed unless there is tendered with the document a completed and verified sales listing form for the benefit and use of the State Tax Commissioner." A duplicate of the deed carrying the same information also satisfies the rule.

Ask the county clerk's office for the sales listing form it uses.

Property tax after a quitclaim in West Virginia

The main property-tax risk is the homestead exemption for owners 65 or older or permanently and totally disabled, which covers the first $20,000 of assessed value. Under 11-6B-3: "If the homestead of an owner qualified under this article is transferred by deed, will or otherwise, the $20,000 exemption shall be removed from the property on the next July first assessment date unless the new owner qualifies for the exemption." A parent who deeds the home to a child can lose the exemption unless the child meets the requirements. Ask the county assessor how a transfer affects the property's assessment.

Mortgages and quitclaim deeds

West Virginia's deed statutes deal with title, not the loan. The recording act itself lists a deed of trust or mortgage as a separate instrument from a deed (40-1-9). A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer 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 federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in West Virginia

West Virginia has no enacted statewide property-alert law. A 2026 bill on land records, HB 5512, was referred to House Judiciary on February 13, 2026 and went no further before the 2026 regular session ended. For no-consideration quitclaims, the grantee-signature rule in 39-1-2(b)(2) works as a guard of its own, since a deed recorded without a required grantee signature is void.

The FBI's Internet Crime Complaint Center advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk’s Office offer notification services and send an automated email or text when a legal document is recorded using your name" (IC3 PSA I-061626-PSA). Ask your county clerk whether the county offers one.

Transfer-on-death deeds and other alternatives

If the goal is to pass a home at death rather than now, West Virginia has adopted the Uniform Real Property Transfer on Death Act (Chapter 36, Article 12). Under 36-12-5, "An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed." It must be recorded in the county clerk's office before the owner's death, and it can be revoked by a recorded instrument, not by an act on the deed itself. Under 36-12-11(a)(1)(C), a later deed by the same owner that conveys the same property, such as a quitclaim, revokes the transfer on death deed as to that property even if it does not say so, once it is acknowledged and recorded before the owner's death.

A transfer on death deed is exempt from the excise tax "for the reason that no interest in the property is at the time of recording being passed to the beneficiary and the deed remains revocable until the death of the transferor" (36-12-9), and it does not need the grantee's signature under 39-1-2(b)(2). For what happens when an owner dies without one, see our guide to West Virginia probate.

If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; the 36-3-5 form leaves room to insert covenants, which a quitclaim does not give.

Common myths about West Virginia quitclaim deeds

• "The deed is not valid until it is recorded." Under 40-1-9, an unrecorded deed is void as to creditors and later purchasers for value without notice; recording is what protects the new owner against them.
• "A quitclaim or gift deed is always tax-free." The 11-22-1 exclusions depend on the relationship and, for most, on there being no consideration. There is no general exclusion for a quitclaim.
• "Only the grantor signs." For a quitclaim without consideration, the grantee must also sign and acknowledge it unless a 39-1-2(b)(2) exception applies, or the recorded deed is void.
• "A quitclaim takes me off the mortgage." No. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

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

This article provides general legal information about West Virginia law on quitclaim deeds, verified on 2026-10-10. It is not legal or tax advice. For your situation, contact the clerk of your county commission (who cannot give legal advice), a legal aid office, or a lawyer licensed in West Virginia.

Last updated: 2026-10-10.

Frequently Asked Questions

How do I file a quitclaim deed in West Virginia?

Sign the deed and acknowledge it before the county clerk, a notary or another officer listed in 39-1-3, put the preparer's name at the end (39-1-2a), and have the grantee sign and acknowledge too if the quitclaim is without consideration and no 39-1-2(b)(2) exception applies. Record it with the clerk of the county commission where the land lies, with the declaration of consideration or value (on a taxable deed) and the sales listing form (11-22-6).

Does a quitclaim deed need to be notarized in West Virginia?

To be recorded, it must be acknowledged by the signer, or proved by two witnesses, before the county clerk (39-1-2(a)), and 39-1-3 lets a notary, a clerk of any court and other listed officers take the acknowledgment.

Does the grantee have to sign a quitclaim deed in West Virginia?

Yes for a quitclaim without consideration, unless it is a transfer on death deed or a transfer without consideration or for less than $2,000 between spouses, parent and child (or the child's spouse), or grandparent and grandchild (or the grandchild's spouse). Under 39-1-2(b)(2), a deed recorded without a required grantee signature and acknowledgment is void.

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

Under 59-1-10, the clerk's fee is $30 for a deed of conveyance plus $1 for each page over five, and 11-22-2(a) adds $20 only on a transfer for consideration. Any excise tax is separate; confirm the total with the county clerk.

Do you pay transfer tax on a quitclaim deed in West Virginia?

It depends on the transfer. The excise tax is $1.10 per $500 of value plus a county tax of 55 cents to $1.65 per $500 (11-22-2), but 11-22-1, as amended effective June 12, 2026, excludes transfers such as those between husband and wife, between listed relatives without consideration, testamentary or inter vivos trusts, and corrective deeds without consideration. It has no general exclusion for quitclaims.

Does a quitclaim deed remove me from the mortgage?

No. Under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

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

Not for validity, because dower and curtesy are abolished (43-1-1). But 43-1-2 requires a married owner to notify the spouse before or within 30 days of the conveyance where dower would have attached, and the spouse's signature on the deed is one way to prove notice. Without notice, a divorce within five years makes the conveyed value part of the conveying spouse's marital property for equitable distribution.

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

Under 40-1-9, a deed, including a deed of gift, is void as to creditors and later purchasers for value without notice until it is admitted to record in the county where the land lies. Recording promptly protects the new owner against them.