A quitclaim deed (or quit claim deed) is a document that transfers or conveys any ownership the person making the deed (the grantor) has in the real property (real estate) identified in the deed—but does not guarantee or warrant that the grantor does in fact have any ownership in the real estate, or that the title (ownership) is free from other claims of ownership, such as liens and encumbrances. Because the grantor makes no promises or warranties regarding the quality of the title—whether the grantor has an ownership interest to convey and whether there on liens or encumbrances on the property—it is sometimes called a non-warranty deed. In contrast, warranty deeds do provide such warranties and offer the highest level of protection to the buyer or transferee.
Because quitclaim deeds offer the least amount of protection to the buyer regarding the true ownership (title) of the real property they are often used to transfer title to real estate between family members, or between spouses dividing marital property in a divorce. Quitclaim deeds are also used to cure or fix a defect or cloud in the recorded title history of certain real property—such as a missing signature of a spouse, a failure to properly record or file documents, or a misspelled name. Quitclaim deeds are as effective as warranty deeds, but only if the title is good.
In West Virginia (WV), a quitclaim deed is a legal instrument used to transfer a grantor's interest in real property without any warranties of title. This means the grantor does not guarantee that they hold clear title to the property or that there are no other claims, such as liens or encumbrances, against it. Quitclaim deeds are commonly utilized for property transfers among family members, during the division of marital property in a divorce, or to correct title defects (also known as 'clouds' on title). Despite offering no assurances about the quality of the title, quitclaim deeds can be as effective as warranty deeds in conveying property rights, provided the title is indeed clear. It's important to note that while quitclaim deeds are simple and involve less paperwork than warranty deeds, they carry a higher risk for the grantee (the person receiving the property), as they offer no protection against title defects. In WV, as in other states, the execution of a quitclaim deed requires certain formalities, such as the grantor's signature and the deed's recording with the appropriate county office to put the public on notice of the transfer.