Virginia Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim (often typed quit claim deed) is used mainly between people who already trust each other.

2. 2

   Record it with the clerk of the circuit court. Under Va. Code Section 55.1-600 a Virginia deed is recorded by the clerk of the circuit court of the county or city where the property is located, not a county recorder or register of deeds. Recording protects the grantee against a later buyer under the state's race-notice priority rule, because Va. Code Section 55.1-407 makes an unrecorded deed void as to a later purchaser for value without notice.

3. 3

   Sign before a notary; no witnesses are needed. To be recorded, a Virginia deed must carry the grantor's original signature and be acknowledged before a notary or the clerk (Va. Code Section 55.1-600; Section 55.1-612). Virginia does not require subscribing witnesses: Section 55.1-600 offers proof by two witnesses only as an alternative to acknowledgment, not as an added requirement, so the standard path is a single grantor signature acknowledged before a notary.

4. 4

   Plan for the layered recordation and grantor taxes. On recording, the clerk collects a state recordation tax of 25 cents per $100 of the consideration or actual value, whichever is greater (Va. Code Section 58.1-801), plus a grantor tax of 50 cents per $500 when that amount exceeds $100 (Section 58.1-802). A city or county may add a local recordation tax of up to one-third of the state tax (Section 58.1-814). The consideration and actual value must be stated on the first page (Section 17.1-223).

5. 5

   There is no fill-in Virginia quitclaim form. Va. Code Section 55.1-300 supplies a permissive statutory deed shell, meaning a deed may follow that form or be to the same effect. The quitclaim effect comes from adding the release words that Va. Code Section 55.1-363 construes as a quitclaim, not from a separate state form. A quitclaim deed with no consideration is exempt from recordation tax if it says so on its face (Section 58.1-811(D)).

6. 6

   No spousal joinder is required. Virginia is a separate-property state, and dower and curtesy were abolished effective January 1, 1991 (Va. Code Section 64.2-301), so a non-owner spouse does not have to sign to make a post-1990 transfer valid. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a trust.

7. 7

   You can often record electronically, but the clerk can reject a deed that breaks the content rules. Where the clerk of the circuit court has set up an eRecording system, Virginia's Uniform Real Property Electronic Recording Act lets you record an electronic deed on the same footing as a paper one (Va. Code Section 55.1-661; Section 55.1-662). Either way, the clerk may reject the deed unless the surname of each party is underscored or written in capital letters in the first clause, each page is numbered consecutively, the consideration and value appear on the first page, and the law behind any recordation-tax exemption is stated on the face of the deed (Va. Code Section 17.1-223).

Virginia Requirements for Quitclaim Deed

• Sign and Acknowledge Before a Notary

  To record a Virginia quitclaim deed, the grantor must sign it with an original signature and acknowledge it before a notary or the clerk of the circuit court (Va. Code Section 55.1-600; Section 55.1-612). The acknowledgment is the notary confirming the grantor's identity and signature, and it is what makes the deed recordable.

• No Witnesses Are Required

  Virginia does not require subscribing witnesses to a deed. Va. Code Section 55.1-600 lists proof by two witnesses only as an alternative to acknowledgment for admitting the deed to record, not as an added requirement, so the standard path is one grantor signature acknowledged before a notary.

• Record With the Clerk of the Circuit Court

  Record the signed, acknowledged deed with the clerk of the circuit court of the county or city where the property is located (Va. Code Section 55.1-600). Recording matters because Va. Code Section 55.1-407 makes an unrecorded deed void as to a later purchaser for value without notice, so recording protects the grantee's priority.

• State the Consideration and Value on the First Page

  Virginia requires the amount of the consideration and the actual value of the property conveyed to be stated on the first page of the deed (Va. Code Section 58.1-802; Section 17.1-223). The clerk may reject the writing if the surname of each party is not underscored or capitalized and identified as grantor or grantee in the first clause.

• Pay the State Recordation Tax and Grantor Tax

  On recording, Virginia levies a state recordation tax of 25 cents per $100 of the consideration or the actual value, whichever is greater (Va. Code Section 58.1-801), plus a grantor tax of 50 cents per $500 when that amount exceeds $100 (Section 58.1-802). A city or county may add a local recordation tax of up to one-third of the state tax (Section 58.1-814).

• Claim the Gift or No-Consideration Exemption on the Deed

  A quitclaim deed, deed of gift, or corrective deed between the parties needs no recordation tax when no consideration passes, but the deed must state that it is a quitclaim deed without consideration (Va. Code Section 58.1-811(D)). A deed transferring property under a divorce decree or separation instrument is exempt under Section 58.1-811(A)(14). Any exemption claimed must be cited on the face of the deed (Section 17.1-223).

• Use the Statutory Deed Shell With Release Words

  Virginia has no fill-in quitclaim form. Va. Code Section 55.1-300 gives a permissive statutory deed shell, meaning a deed may follow that form or be to the same effect. The quitclaim effect comes from adding the release words that Va. Code Section 55.1-363 construes to remise, release, and forever quitclaim all right, title, and interest, with no warranty of title.

• No Spousal Joinder Is Required

  Virginia is a separate-property state, not a community-property state. Dower and curtesy were abolished effective January 1, 1991 (Va. Code Section 64.2-301), so a non-owner spouse does not have to sign to make a post-1990 transfer valid. Dower or curtesy interests that vested before January 1, 1991 are preserved and remain governed by prior law.