West Virginia Quitclaim Deed

West Virginia signing & recording

No — in West Virginia the grantor's notarized signature is enough; no separate witnesses are required (W. Va. Code § 39-1-2(a) — recorded 'when it shall have been acknowledged by such person or proved by two witnesses' (two witnesses only an alternative to acknowledgment), as of 2026). W. Va. Code § 39-1-2 — the clerk of the county commission shall admit a deed to record when acknowledged by the grantor or proved by two witnesses. Special quitclaim rule in § 39-1-2(b)(2): a no-consideration quitclaim (or any transfer of $100-or-less value with no excise tax paid) may NOT be recorded unless the GRANTEE also signs and acknowledges the deed — exceptions: transfer-on-death deeds and no/under-$2,000-consideration transfers between spouses, parent-child (+spouse), grandparent-grandchild (+spouse). A deed recorded in violation is void and transfers no interest. Record the signed deed with the Clerk of the County Commission (the 'County Clerk'), W. Va. Code § 39-1-2. Transfer tax: Real property transfer excise: $1.10 per $500 of value base rate (now retained by the county, W. Va. Code § 11-22-2(a)) plus additional county excise of $0.55/$500, which counties may raise up to $1.65/$500 (§ 11-22-2(b)) — typical combined $2.20/$500 — plus a flat $20 Affordable Housing fee on transfers for consideration; 'document' excludes quitclaim or corrective deeds without consideration, transfers of $100 or less, and no-consideration close-family transfers (§ 11-22-1(4)), so no-consideration quitclaims owe no excise. Check the current West Virginia deed rules before recording.

Married? If the property is (or may be) your homestead, your spouse may need to sign the deed even if they are not on title — several states require it, and a deed missing that signature can be rejected for recording or invalid. Use the “Co-grantor / spouse” field above to add their signature line, and check your state’s rule before recording.

Existing mortgage? Transferring mortgaged property can trigger the loan’s “due-on-sale” clause. Federal law (12 U.S.C. §1701j-3(d), the Garn–St Germain Act) bars lenders from enforcing it for several transfers of residential property with fewer than five dwelling units — including a transfer to the borrower’s spouse or children, a transfer resulting from a divorce decree, and a transfer into an inter vivos (living) trust in which the borrower is and remains a beneficiary. The loan itself stays in place either way — nobody is released until it is refinanced. Read the statute ↗

Frequently asked questions

How does West Virginia compare? See the deed witness requirements in all 50 states, every rule cited to statute.

Different state? See quitclaim deeds by state →