If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a West Virginia quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, where to record the deed, whether the transfer tax applies to your situation, and a West Virginia-specific rule about who actually needs to sign.
The good news is that West Virginia specifically exempts no-consideration quitclaim deeds from its transfer tax, and close family transfers get extra flexibility on the signing requirements too.
Good News for Quitclaim Gifts:
West Virginia law specifically exempts quitclaim deeds made without consideration from the transfer tax. It also has an unusual rule worth knowing: for a no-consideration quitclaim deed, the county clerk generally requires the grantee, not just the grantor, to sign and be acknowledged, unless the transfer is between spouses, parent and child, or grandparent and grandchild (and their spouses) and involves no consideration or less than $2,000.
In other words, if you're making a genuine gift to your spouse, child, parent, or grandchild, West Virginia specifically simplifies the signing requirement for you.
Can I Use a Quitclaim Deed in West Virginia?
YES. Most people use a quitclaim deed when transferring property between family members, adding or removing a spouse, moving property into or out of a trust, handling inherited property, or correcting ownership information. In these situations, a quitclaim deed is often a simple and effective way to transfer property.
A quitclaim deed transfers whatever ownership interest the current owner has in the property. It does not guarantee that the title is free of liens or other ownership claims, so it is generally best suited to transfers where everyone already understands the property's ownership history.
West Virginia has state-specific rules and recording requirements that are worth understanding before you prepare the deed. The guide below walks you through the process one step at a time.
🛟 Need a little extra help? If you would rather not prepare the deed entirely on your own, visit the Need Help With a Quitclaim Deed? section later on this page for trusted resources that can help you complete the process with confidence.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information West Virginia county clerks commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name, mailing address, and marital status
- Grantee's full legal name and mailing address
- Complete legal description of the property, plus the tax map and parcel number
- West Virginia county where the property is located
- Notary acknowledgment for the grantor's signature
- Your spouse's signature, to release potential marital rights
- The grantee's signature and acknowledgment, unless a close-family exemption applies
- A completed Sales Listing Form to accompany the deed
- Recording fees and any transfer tax due
How to Fill Out a West Virginia Quitclaim Deed
Step 1: Identify the Correct County Clerk
West Virginia deeds are recorded with the County Clerk in the county where the real property is located.
Recording promptly matters here, since an unrecorded deed can lose out to a later buyer who records first without notice of your transfer.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name, address, and marital status.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenants in common or joint tenancy with right of survivorship, so the deed reflects what you actually intend.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed, and include the property's tax map and parcel number. A street address may help identify the property, but it is not a substitute for the full legal description.
Step 6: Check Whether Your Spouse Needs to Sign
West Virginia generally requires a married grantor's spouse to sign the deed to release potential marital rights, even if the spouse holds no direct ownership interest in the property. This applies whether or not the property is jointly titled.
Step 7: Determine Whether the Grantee Needs to Sign
For a no-consideration quitclaim deed, West Virginia generally requires the grantee to also sign and be acknowledged, or have the signature proved by two witnesses.
There's an exception worth knowing: transfers between spouses, between parent and child (and their spouse), or between grandparent and grandchild (and their spouse), that involve no consideration or less than $2,000, don't need the grantee's signature under this rule.
Step 8: Sign and Notarize the Deed
The grantor must sign the deed before a notary public , with an official notary seal affixed to the acknowledgment.
West Virginia allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your county clerk will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 9: Attach the Sales Listing Form and Record the Deed
Every recorded West Virginia deed must be accompanied by a completed Sales Listing Form, used for property tax purposes. If your transfer is exempt from the transfer tax, state the specific reason clearly on the deed, or the county clerk may charge the fee anyway.
Submit the signed, notarized deed and the Sales Listing Form, along with the recording fee and any transfer tax due, to the County Clerk in the county where the property is located.
Will You Owe Transfer Tax?
For a lot of the situations that bring people to this page, the answer is: usually not.
West Virginia specifically exempts quitclaim deeds and corrective deeds made without consideration from the transfer tax. Transfers made under a divorce decree, annulment, or separation agreement are exempt under separate law, and transfers to government entities or qualifying nonprofits are exempt as well.
Even when a transfer is exempt, the deed should clearly state the specific reason, since some county clerks will charge the fee by default if the exemption isn't spelled out.
For transfers that aren't exempt, West Virginia charges a modest base transfer tax based on the property's value, and individual counties can add their own increase on top of that, so the effective rate can be higher depending on where the property is located.
West Virginia Signing and Recording Notes
- West Virginia deeds are recorded with the County Clerk in the county where the property is located.
- The grantor's signature must be notarized, with an official notary seal.
- A married grantor's spouse generally must sign to release marital rights.
- No-consideration quitclaim deeds generally need the grantee's signature too, unless a close-family exemption applies.
- Spouse, parent-child, and grandparent-grandchild transfers under $2,000 skip the grantee-signature requirement.
- Quitclaim deeds made without consideration are exempt from transfer tax.
- State the exemption reason clearly on the deed, or the fee may be charged by default.
- A Sales Listing Form must accompany every recorded deed.
- Use the complete legal description, plus the tax map and parcel number.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official West Virginia Sources
Common West Virginia Quitclaim Deed Mistakes
- Recording in the wrong county
- Forgetting that the grantee may need to sign a no-consideration quitclaim deed
- Assuming the close-family signature exemption applies without checking the relationship and dollar limit
- Forgetting a spouse's signature to release marital rights
- Using only the street address instead of the legal description
- Leaving off the tax map and parcel number
- Not clearly stating the exemption reason on an exempt deed
- Forgetting to attach the Sales Listing Form
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the West Virginia Quitclaim Deed Process
A West Virginia quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, work out who actually needs to sign, address any spousal marital-rights release, notarize it correctly, and record it with the right county clerk along with the Sales Listing Form.
West Virginia Quitclaim Deed FAQ
Where do I record a West Virginia quitclaim deed?
Record the deed with the County Clerk in the West Virginia county where the property is located.
Will I owe transfer tax if I give my house to a family member?
Usually not. West Virginia specifically exempts quitclaim deeds made without consideration from the transfer tax, and close family transfers under $2,000 have their own additional flexibility.
Does the grantee need to sign a West Virginia quitclaim deed?
Sometimes. For a no-consideration quitclaim deed, the grantee generally needs to sign and be acknowledged too, unless the transfer is between spouses, parent and child, or grandparent and grandchild.
Does my spouse need to sign even if they're not on title?
Often yes. West Virginia generally requires a married grantor's spouse to sign to release potential marital rights, even without a direct ownership interest.
Is this legal advice?
No. This page provides general educational information and is not legal advice.