Warranty Deed from Individual to Husband and Wife - West Virginia 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the Grantor's name in the designated field, indicating whether they are married or unmarried.
  3. Next, fill in the names of the Grantees (Husband and Wife) as joint tenants with rights of survivorship.
  4. Provide a detailed legal description of the property being transferred. This may be attached as Exhibit A.
  5. Complete the section regarding prior instrument reference, including Book, Page, and Document Number.
  6. Indicate any exceptions or reservations related to oil, gas, and minerals if applicable.
  7. Fill out the declaration of consideration or value section accurately based on your transaction details.
  8. Finally, ensure all signatures are completed and notarized where required before saving your document.

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You may not need to involve an attorney to create a particular deed if you already have all the information. This is especially true if you are transferring property between family members or into or out of a trust. We provide several real estate forms that can help you transfer property validly in your state.
Disadvantages of Warranty Deeds Title companies will research the chain of deeds, past court judgments, and unpaid taxes before green-lighting the transfer. The grantor also remains on the hook long after the sale. If a forgotten lien surfaces, the buyer can pull the grantor into court for damages and legal fees.
Recording fees are paid to the county clerk or recorders office to officially file the new deed. These fees vary by location but typically range between $50 to $250.
If the home was acquired during the marriage in a community property state, the home belongs to both spouses, whether their name is on the title or not. The spouse whose name is on the deed is considered the legal owner.
The difference between a Quit Claim Deed and an Interspousal Transfer Grant Deed is liability. The spouse who selects to give up their interest in the property can be held liable for taxes, liens and other debts associated with the property in a Quit Claim Deed but not in an Interspousal Transfer Grant Deed.

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People also ask

West Virginia Code 36-1-1 states that real property transfers must be made by a written deed. The deed must be signed by the grantor (the person transferring the property) and must clearly describe the property being conveyed.
West Virginia Deed Transfer: Attorney Requirement Explained While an attorney is not strictly required, many choose to consult one to ensure accuracy and proper legal description. The deed must be signed, docHubd, and recorded in the county where the property is located.
Laypersons may conduct real estate closings, but may not answer legal questions that arise at the closing, or offer any legal advice to the parties. However, preparation of deeds and mortgages constitutes the practice of law and must be prepared by an attorney.

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