West Virginia Warranty Deed
A West Virginia warranty deed guarantees clear title and defends the buyer; the words with general warranty are codified at Section 36-4-2. Review available.
Introduction
In West Virginia the phrase with general warranty makes the grantor forever warrant and defend the property against the claims and demands of all persons whomsoever (West Virginia Code Section 36-4-2), the seller's full guarantee of clear title. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. West Virginia is straightforward on this point, because West Virginia codifies the warranty words themselves. Under West Virginia Code Section 36-4-2, the phrase with general warranty makes the grantor forever warrant and defend the property against the claims and demands of all persons whomsoever, and under Section 36-4-3 the phrase with special warranty limits that defense to claims by, through, or under the grantor. The everyday conveyance uses the statutory short form of Section 36-3-5, whose operative word is grants, with the chosen warranty covenant inserted. You record the signed, acknowledged deed with the Clerk of the County Commission of the county where the property sits (West Virginia Code Section 39-1-2). DocDraft builds your West Virginia deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives a West Virginia buyer the strongest title protection: the seller guarantees clear title and forever agrees to defend it against every lawful claim. A quitclaim deed guarantees nothing and passes only the interest the seller actually holds.
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West Virginia codifies the warranty words. Under West Virginia Code Section 36-4-2, the words with general warranty make the grantor forever warrant and defend the property against the claims and demands of all persons whomsoever; under Section 36-4-3, with special warranty limits the defense to claims by, through, or under the grantor.
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The everyday conveyance uses the statutory short-form deed of West Virginia Code Section 36-3-5, whose operative word is grants, and the drafter inserts the warranty covenant. A deed that instead uses the release words of Section 36-3-7 operates as a quitclaim and carries no covenant of title.
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You record the signed, acknowledged deed with the Clerk of the County Commission of the county where the property is located (West Virginia Code Section 39-1-2). West Virginia is a notice state, so a deed is void against a later good-faith purchaser without notice until it is recorded (Section 40-1-9); record promptly.
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Before recording, the grantor's signature must be acknowledged before the clerk or a notary (West Virginia Code Section 39-1-2). West Virginia does not require subscribing witnesses for a deed. The name of the person who prepared the instrument must also appear at its conclusion (Section 39-1-2a).
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West Virginia charges a state excise tax of 1.10 dollars for each 500 dollars of value plus a county excise tax of 0.55 dollars per 500 dollars (a county may raise the county tax to 1.65 dollars), paid by the grantor by default (West Virginia Code Section 11-22-2). A Declaration of Consideration or Value is appended and a verified Sales Listing Form is tendered at recording (Section 11-22-6).
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Dower and curtesy are abolished in West Virginia, so a non-owner spouse's signature is not required to convey individually owned property (West Virginia Code Section 43-1-1). A married grantor does have a duty to notify their spouse of the conveyance, and the spouse's signature is one accepted proof of that notice (Section 43-1-2).
Key decisions before you file
Before you file a Warranty Deed in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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West Virginia Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Unlike California, West Virginia codifies the warranty words: under West Virginia Code Section 36-4-2 the words with general warranty make the grantor forever warrant and defend the property against the claims and demands of all persons whomsoever, and under Section 36-4-3 the words with special warranty limit the defense to claims by, through, or under the grantor. A quitclaim carries no such covenant.
West Virginia codifies a statutory short-form deed at West Virginia Code Section 36-3-5, whose operative conveyancing word is grants and which leaves a blank to insert covenants. The word grants alone supplies no general warranty; the title guarantee comes from the warranty words the grantor adds. A deed using the release words of Section 36-3-7 instead operates as a quitclaim.
Record the signed, acknowledged deed with the Clerk of the County Commission of the county in which the real estate lies (West Virginia Code Section 39-1-2); if the property spans counties, record in each. West Virginia is a notice jurisdiction, so a deed is void against a later good-faith purchaser for value without notice until it is recorded (Section 40-1-9). Record promptly to protect your interest.
Before recording, the grantor's signature must be acknowledged before the Clerk of the County Commission or a notary, or in the alternative proved by two witnesses before the clerk (West Virginia Code Section 39-1-2). West Virginia does not require subscribing witnesses for a deed. The name of the person who prepared the instrument must appear at its conclusion (Section 39-1-2a).
West Virginia imposes a state excise tax of 1.10 dollars for each 500 dollars of value, plus a county excise tax of 0.55 dollars per 500 dollars that a county may increase to as much as 1.65 dollars (West Virginia Code Section 11-22-2). The tax is paid by the grantor by default. A Declaration of Consideration or Value must be appended and a verified Sales Listing Form tendered at recording (Section 11-22-6).
Identify the grantor and grantee, state the consideration, and include the full legal description of the real estate (not just the street address or tax map and parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed of record with the Clerk of the County Commission.
West Virginia has abolished dower and curtesy (West Virginia Code Section 43-1-1) and is not a community-property state, so a non-owner spouse's signature is not required to validly convey individually owned property. A married grantor does have a duty to notify their spouse of a conveyance of real estate to which dower would once have attached, and the spouse's signature on the deed is one accepted proof of that notice (Section 43-1-2).
Choose the deed to match the protection intended. A general warranty deed uses the words with general warranty and warrants title against all persons whomsoever, including defects predating the grantor (West Virginia Code Section 36-4-2); it gives the strongest protection. A special warranty deed uses with special warranty and defends only against claims by, through, or under the grantor (Section 36-4-3). A quitclaim gives no covenants. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. West Virginia codifies both. A general warranty deed uses the words with general warranty, which under West Virginia Code Section 36-4-2 make the grantor forever warrant and defend the property against the claims and demands of all persons whomsoever. A West Virginia quitclaim instead uses the release words of Section 36-3-7 and carries no covenant of title.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. West Virginia codifies that guarantee: West Virginia Code Section 36-4-2 provides that the words with general warranty have the same effect as if the grantor covenanted to forever warrant and defend the property unto the grantee, his heirs, personal representatives and assigns, against the claims and demands of all persons whomsoever. A special warranty deed under Section 36-4-3 narrows that defense to claims by, through, or under the grantor.
West Virginia uses a warranty deed, not a California-style grant deed. West Virginia Code Section 36-3-5 gives a statutory short-form deed whose operative word is grants, but that word alone supplies no general warranty; the form leaves a blank to insert covenants. The title guarantee comes from the express warranty words: with general warranty under Section 36-4-2 or with special warranty under Section 36-4-3. So the warranty deed is a native West Virginia instrument, and the covenant language you choose decides the level of protection.
You record the signed, acknowledged deed with the Clerk of the County Commission of the county where the property is located (West Virginia Code Section 39-1-2). The grantor's signature must be acknowledged before the clerk or a notary first. West Virginia is a notice jurisdiction, so an unrecorded deed is void against a later good-faith purchaser for value without notice (Section 40-1-9), which is why you should record promptly. A Declaration of Consideration or Value and a verified Sales Listing Form are tendered with the deed (Section 11-22-6).
West Virginia does not require an attorney to prepare or record a deed; a person may prepare their own warranty deed and record it, and the name of whoever prepared it must appear at its conclusion (West Virginia Code Section 39-1-2a). Because a deed transfers title and a mistake in the legal description, the warranty words, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your West Virginia deed from your facts, with attorney review available as an option before you record.
It must be acknowledged, which in practice means notarized. Before a West Virginia deed can be recorded, the grantor's signature has to be acknowledged before the Clerk of the County Commission or a notary, or in the alternative proved by two witnesses before the clerk (West Virginia Code Section 39-1-2). West Virginia does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the normal path that lets the county clerk record it.
Usually yes when the property is sold. West Virginia imposes a state excise tax of 1.10 dollars for each 500 dollars of value, plus a county excise tax of 0.55 dollars per 500 dollars that a county may increase to as much as 1.65 dollars (West Virginia Code Section 11-22-2). The tax is paid by the grantor unless the grantee accepts the deed without it paid. A Declaration of Consideration or Value must be appended and a verified Sales Listing Form tendered at recording (Section 11-22-6). Some transfers are exempt with the proper recital.
Not to make the conveyance valid. West Virginia has abolished dower and curtesy (West Virginia Code Section 43-1-1) and is not a community-property state, so a non-owner spouse's signature is not required to convey individually owned property. A married grantor does have a duty to notify their spouse of a conveyance of real estate to which dower would once have attached, and the spouse's signature on the deed is one accepted way to prove that notice was given (Section 43-1-2). Confirm how title is held before signing.