How do I file a quitclaim deed in Virginia?
1. Quitclaim vs Warranty Deed
Virginia quitclaim (Va. Code § 55.1-300 et seq.) conveys whatever interest the grantor holds. A general warranty deed warrants title against all claims; a special warranty deed warrants only against the grantor's own acts.
2. Common Uses
Divorce, interspousal transfers, gifts among family, trust funding, removing an ex-spouse, clearing potential heir interests.
3. Execution Formalities
Va. Code § 55.1-600 (formerly § 55-2) — deed must be in writing, signed, and sealed (Virginia retains a vestigial seal requirement, satisfied by the word "SEAL" beside the signature or "L.S."). § 55.1-612 requires acknowledgment for recording. No subscribing witnesses required when acknowledged.
4. Required Contents
Grantor and grantee names with addresses, full legal description, tax map parcel ID, consideration recital, words of conveyance ("does hereby remise, release, and quitclaim"), and the "SEAL" notation beside the grantor's signature. Cover sheet required in many circuits.
5. Recording
Clerk of the Circuit Court in the county/city where the land sits (Va. Code § 55.1-407). Recording fees about $32 plus $0.50/$100 grantor's tax plus $0.25/$100 state recordation tax.
6. Transfer Tax
Grantor's tax: $0.50 per $500 (Va. Code § 58.1-802). State recordation tax on deeds: $0.25 per $100 of consideration or fair market value, whichever is greater (§ 58.1-801). Local recordation tax: 1/3 of state amount. Spousal transfers, gifts to immediate family, and transfers to/from a trust where the grantor is also the beneficiary are exempt (§ 58.1-811).
7. Title Insurance Limits
VA title insurers typically won't insure based on a recent quitclaim without underwriting review.
8. Pitfalls
Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers.
9. Special Local Rules
Virginia retains the "Seal" formality — omitting it can cause Clerk's office rejection.
This is legal information, not legal advice.
- Family transfer claiming § 58.1-811 exemption
- Trust funding with recordation tax avoidance
- Divorce decree requiring deed
- Va. Code § 55.1-600
- Va. Code § 55.1-612
- Va. Code § 58.1-802
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.