Quitclaim Deed After Divorce in West Virginia

When the divorce decree awards the house to one spouse, the deed doesn't magically update. The transferring spouse must execute and record a new deed to remove their name from the property title. In West Virginia, this process has specific requirements that trip people up — particularly the grantee signature rule that can void the entire transfer.

Choosing the Right Deed

For divorce-related transfers, a quitclaim deed is standard. It conveys whatever interest the transferring spouse (grantor) has in the property to the receiving spouse (grantee) without any warranties of title. This protects the grantor from future title claims while accomplishing the transfer required by the decree.

The Grantee Signature Trap

This is the most frequently overlooked requirement in West Virginia real property law. Under W. Va. Code § 39-1-2(b)(2), if a quitclaim deed involves no monetary consideration (standard in divorce distributions) or lists a property value of $100 or less, the grantee must also sign and acknowledge the deed before a notary public.

Most states only require the grantor's signature on a quitclaim deed. West Virginia requires both parties to sign when there's no consideration. Record a deed without the grantee's notarized signature and the entire conveyance may be legally void.

Formatting and Preparer Requirements

West Virginia has strict formatting rules for recorded documents under W. Va. Code § 39-1-11:

• Print on only one side of each page
• Font size of at least 10 points
• At least two font points of space between lines

Under W. Va. Code § 39-1-2a, the deed must state the name of the person who drafted it at the end of the text. The county clerk can refuse to record a deed that doesn't include the preparer's name.

Excise Tax Exemption for Divorce Transfers

West Virginia imposes a real estate transfer excise tax of $1.10 per $500 of property value under W. Va. Code § 11-22-2. But W. Va. Code § 11-22-1(4) exempts transfers between former spouses that are made pursuant to a divorce decree or separation agreement.

To claim the exemption, file the Combined Real Estate Transfer Declaration (Form WV/CRT-100) along with the deed. You'll also need the Declaration of Consideration or Value and the Sales Listing Form (Form STC 12:39) for county assessment records.

The recording fee is $30 for up to five pages, plus $1 for each additional page under W. Va. Code § 59-1-10.

The Deed vs. The Mortgage

Recording a quitclaim deed removes one spouse's name from the property title. It does not remove their name from the mortgage. These are two separate legal instruments.

If both names are on the mortgage, the lender can still pursue the spouse who signed the quitclaim deed if the other spouse defaults. The only way to fully separate is to refinance the mortgage into the remaining spouse's name alone.

Until the refinance is complete, both parties remain liable for the mortgage payments regardless of what the divorce decree says or whose name is on the deed.

Getting Every Step Right

Real estate transfers are one of several property-related tasks after divorce. The West Virginia Post-Divorce Checklist covers the complete sequence — from quitclaim deed execution to recording to refinancing — along with the exact forms and the grantee signature requirement that most generic guides miss.

See more West Virginia guides →