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In the state of West Virginia, a quitclaim deed is a legal form that is used to convey the ownership interest of a house or property from one person to the next. This document transfers ownership interest with no guarantee that the title of the property is clear and free of encumbrances. This means that the property transfer may happen without the buyer knowing whether or not the seller has the legal authority to sell the property or if there are looming issues regarding the title.
Typically, this type of deed is used to transfer property between family members or in a divorce settlement. Still, occasionally, parties will use this type of deed to transfer property in an expeditious manner.
To ensure that there are no title issues, the buyer should conduct a thorough title search to ensure that the title of a property is clear.
If the parties instead wish to transfer the property in a way that protects the new owner, they should consider a different type of deed, such as a general warranty deed or a special warranty deed. If you are unsure of which type of property deed to use, you should seek legal advice.
West Virginia quitclaim deed laws are codified at West Virginia Code § 36-3-5.
Signing - West Virginia law requires two signing witnesses or for the document to be signed in the presence of a notary public.
Recording - All quitclaim deeds are to be filed with the County Clerk’s Office in the county where the property is located.
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To write a West Virginia quitclaim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, signed, and notarized, it should be filed with the West Virginia County Clerk Office in the county where the real property is located.
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