Special Warranty Deed - Husband and Wife to Individual - West Virginia 2025

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  1. Click ‘Get Form’ to open the Special Warranty Deed in the editor.
  2. Begin by entering the date of the deed at the top of the form. This is crucial for legal documentation.
  3. In the section labeled 'Grantors', input the names of both husband and wife who are transferring ownership.
  4. Next, fill in the name of the individual receiving the property in the 'Grantee' section.
  5. Provide a detailed legal description of the property being conveyed. This may be attached as Exhibit A, so ensure it is included.
  6. Declare the consideration amount, which is typically a nominal sum like ten dollars, in the designated field.
  7. Both Grantors must sign and print their names at the bottom of the form. Ensure that signatures are dated correctly.
  8. Finally, have a notary public acknowledge your signatures to validate this document legally.

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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.
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.
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.
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.
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People also ask

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.
WV Code 36-4-3 states that a Special Warranty Deed is A covenant by a grantor in a deed that he will warrant specially the property hereby conveyed, or a covenant of like import, or the use of the words with special warranty in a deed, shall have the same effect as if the grantor had covenanted that he his heirs
A Special Warranty Deed, also known as a Limited Warranty Deed, offers less protection than a General Warranty Deed. The seller only guarantees that they have done nothing during their ownership to encumber the property. It does not cover any issues that may have arisen before they took ownership.

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