Free Virginia Quitclaim Deed Form

Everything You Need to Know about a Quitclaim Deed in Virginia

Would you like to expedite the conveyance of your real property to your children or a trust, and aren’t worried about title issues since that property has been in the family for as long as anyone can remember? Use a quitclaim deed. While the real estate industry is buzzing with deeds you might need or not; a quitclaim deed promises to expedite the process and facilitate the transfer of rights to that property legally.

What is a quitclaim deed?

The quitclaim deed in Virginia refers to a legal instrument that ensures the conveyance of property rights from you (grantor) to your children/ trust/ entity (grantee), legally but without any title warranties. Thanks to its ease of use, the deed is mistakenly called a quick claim deed, although its other accurate synonyms are quitclaims, non-warranty deed, or even a quitclaim deed form.

  • Things you should know before you use a Virginia quit claim deed

    • A quitclaim does not provide any warranties on the title or even the ownership of the title. So, if it later turns out that the grantor doesn’t own the property because the title was forged or because of recording errors, the grantee is totally out of luck, with no legal recourse against the grantor. For this reason, this deed isn’t recommended for use during a home purchase.

    • Regarding real property purchases that involve the use of a quitclaim, the quitclaim is only deemed valid if notice of its use is given through the recording of the deed. However, if unrecorded and if no notice is given to third parties, the quitclaim does not give the grantee any form of legal protection against a bona- fide purchaser.

    • A quitclaim will not release you from any liability, especially not mortgage debt. So, if you’ve borrowed money under your real estate mortgage, you shouldn’t expect the transfer of property to end your debt obligation. Only a lender can release you from your financial responsibilities, and even then, you cannot stop making payments by shifting that debt obligation to the third party you are transferring the property to. Mortgage companies often prohibit legal property transfers without their consent or the consent of the lender.

    • The recordation of a quitclaim in the state’s or county’s public records will give the public notice of the change in the property’s ownership. It also creates a chain of title.

    • The quitclaim could be used by individuals who own property and wish to add another person as the co-owner of the property. But, this might affect your inheritance or have tax implications, which is why you need to consult legal counsel first.

    • For property owned by at least two individuals (co-owners), the use of the quitclaim by one of the property owners will only transfer their ownership rights, at best. But in cases where the execution of the quitclaim requires the signatures of the co-owners, the quitclaim will be deemed invalid unless signed by every co-owner. This deed has to be delivered to the grantee. On the other hand, a quitclaim deed that allows transfer of co-owned property after it’s signed by one co-owner might simplify the transfer of the property, and also create an adverse property ownership arrangement.

    • If a last will and testament is discovered years after the execution of the quitclaim, and it turns out that someone else is the heir to the property, the desires of the decedent will take precedence to the terms of the quitclaim.

Creating a quitclaim

For the validity of your quitclaim, you first need to download a free Virginia quitclaim deed form online. This form comes in the form of a downloadable PDF, and it serves as your template. Once you have your form, make sure it has these specifics.

  • Your quitclaim must meet the statutory requirements of code sections 55 – 57 which note that the quitclaim is only used when a grantor relinquishes all their rights and interests in real property. And that the deed offers no warranties on the title

    • The legal names of the grantor and the grantee must be included in the deed, accompanied by their marital statuses and mailing addresses. It must also contain the vesting of the grantee; which is basically the description of how the grantee wishes to hold the property’s title.

    • A recite of the consideration paid for the conveyance is important, as is the type of consideration the grantee pays

    • The statutory recordation tax could also be applicable and recited unless the property transfer is exempted from the taxes.

    • The deed is to include the property’s legal description, as well as the grantor’s notes and references for the property’s title derivation. If there are restrictions applicable to the land/ property, they must be highlighted in the deed.

    • The signing of the deed by the grantor takes place in the presence of the authorized officials such as the notary public.

    • Note, however, that this deed (or any other property deed) doesn’t serve as a notice for the property transfer. Notice of a real property transfer is only given when the deed is recorded in the appropriate county office.

    • For deeds that affect real estate title throughout the Commonwealth of Virginia must comply with recordation standards established by the great Library of Virginia, except for the independent cities/ counties which call for deed recordation on a paper with a large bottom and margins on the last page. Some counties also require cover pages.

Would you like to transfer real rental property in Virginia Beach, Richmond, Alexandria, Roanoke, Norfolk, Fairfax, or another state city? Download a free quitclaim deed form here to expedite the transfer.

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