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A Virginia quitclaim deed is a legal document that allows a person to release the ownership interest of their property to someone else. This type of property deed is often used between family members or divorcing spouses due to the fact that it comes with no warranty or guarantees that the property is being transferred without a warranty or guarantee that there are no encumbrances on the title. Regardless of the closeness in the relationship, a buyer should always conduct a title search on the property before proceeding with a property transfer.
If you instead want to transfer property in a way that protects the new owner, you should consider different types of deed, such as a general warranty deed or a special warranty deed. If you are unsure of which type of deed to use, you should seek legal advice.
Virginia quitclaim deed laws are codified at Va. Code § 55.1-407.
In the Commonwealth of Virginia, all quitclaim deeds must state the names of the buyer and the seller of the property in the first sentence of the deed in all capital letters. Once the quitclaim deed has been properly filled out, the Grantor (the selling party) has a choice; they may either sign the document in the presence of two witnesses or have it notarized by a Notary Public (§ 55.1-600). Once the document has been witnessed or notarized, it must be filed with the Clerk of the Circuit Court in the county in which it is located.
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To write a Virginia quit claim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, signed, witnessed, and notarized, it should be filed with the County Recorder in the county where the real property is located. (§ 55.1-408)
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