To file a quitclaim deed in Virginia, you draft a deed that satisfies the state’s statutory format, have the grantor’s signature acknowledged before a notary public, and record the signed original with the Circuit Court Clerk in the city or county where the property sits, paying state recordation tax, the grantor’s tax, any local recordation tax, and the clerk’s recording fees at the time of filing.
One thing to understand before you file: a quitclaim deed transfers only whatever interest the grantor actually has, with no promise that the title is good, that liens don’t exist, or that no one else has a claim. Virginia law treats language releasing “all his claims upon the said lands” as a full release of the grantor’s right, title, and interest at law and in equity, and nothing more.1Virginia Code Commission. Virginia Code 55.1-363 – Effect of Certain Words of Release in a Deed That is fine for transfers between people who already know the title history. It is a poor tool for buying from a stranger.
What the Deed Must Contain
Virginia’s recording statute sets specific content requirements, and a clerk will reject a deed that misses them.2Virginia Code Commission. Virginia Code 17.1-223 – Duty of Clerk to Record Writings, Etc., and Make Index Before you sit down to draft, pull together:
- The full legal names of every grantor and grantee. Surnames must be underscored or written in all capitals in the first clause identifying the parties.
- The legal description of the property — metes and bounds, or lot and block from a recorded subdivision plat. Copy it exactly from the most recent deed in the chain of title, which you can retrieve from the clerk’s land records or from the local assessor.
- The consideration paid and the actual value of the property, both stated on the first page. Family transfers commonly recite nominal consideration such as “$10.00 and other good and valuable consideration,” or state no consideration and identify the instrument as a deed of gift.
- The tax map or parcel identification number, available from the local commissioner of the revenue or assessor.
- A return mailing address for the recorded deed.
For residential property with four or fewer dwelling units, the deed must also name the title insurance underwriter (or state that title insurance is unknown to the preparer) and identify the preparer as either the property owner or a Virginia-licensed attorney, including that attorney’s bar number.2Virginia Code Commission. Virginia Code 17.1-223 – Duty of Clerk to Record Writings, Etc., and Make Index Strip out any Social Security numbers before submitting. Pages must be numbered consecutively.
Physical formatting standards — margin sizes, minimum font, paper size — vary by clerk’s office. Call or check the website of the office where you’ll record before you print. Many offices also accept a cover sheet under § 17.1-227.1 that repeats the party names, consideration, exemption citation, parcel number, and return address; when included, the clerk may rely on it, which can prevent a rejection over a formatting slip.3Virginia Code Commission. Virginia Code 17.1-227.1 – Use of Cover Sheets on Deeds
Signing and Notarization
Only the grantor signs. The grantee does not need to. The grantor’s signature has to be acknowledged before a notary public, who confirms the signer’s identity and that the signature is voluntary. Virginia notaries may charge up to $5 for a paper acknowledgment and up to $25 for an electronic one.4Secretary of the Commonwealth of Virginia. Virginia Code 47.1-19 – Fees
Transfer Taxes at Recording
Virginia imposes two separate transfer taxes on a recorded deed, and most localities add a third. All three are calculated at the same window when you file.
State Recordation Tax
The state recordation tax is $0.25 per $100 (or fraction thereof) of the greater of the stated consideration or the actual value of the property. Actual value here means the most recent property tax assessment at the time of conveyance.5Virginia Code Commission. Virginia Code 58.1-801 – Deeds Generally; Charter Amendments On a home assessed at $300,000, that is $750.
Grantor’s Tax
On top of the recordation tax, § 58.1-802 imposes a grantor’s tax at $0.50 per $500 (or fraction thereof) of the consideration or value of the interest transferred, whichever is greater, excluding the value of any lien that remains on the property.6Virginia Code Commission. Virginia Code 58.1-802 – Additional Tax Paid by Grantor; Collection On the same $300,000 property, that adds $300.
Local Recordation Tax
A Virginia city or county may impose an additional recordation tax of up to one-third of the state amount.7Virginia Code Commission. Virginia Code 58.1-814 – City or County Recordation Tax Most localities do. On the $300,000 example, that is another $250. Some regions also collect transit or congestion-relief fees. Ask the clerk about locally imposed charges before you show up with a check.
Exemptions That Zero Out the Tax
Several exemptions matter for typical quitclaim scenarios:
- Deeds of gift, when no consideration passes and the deed says on its face that it is a deed of gift.8Virginia Code Commission. Virginia Code 58.1-811 – Exemptions
- Transfers made under a divorce decree, separate maintenance order, or written property settlement agreement.8Virginia Code Commission. Virginia Code 58.1-811 – Exemptions
- Transfers into a revocable inter vivos trust where the grantors and beneficiaries are the same and no consideration passes.8Virginia Code Commission. Virginia Code 58.1-811 – Exemptions
- Deeds of partition among co-owners.8Virginia Code Commission. Virginia Code 58.1-811 – Exemptions
To claim any of these, cite the specific Virginia Code section on the face of the deed. Without the citation, the clerk will assess the full tax at recording.2Virginia Code Commission. Virginia Code 17.1-223 – Duty of Clerk to Record Writings, Etc., and Make Index
Clerk’s Fees and How to File
Separate from the transfer taxes, the Circuit Court Clerk charges flat recording fees. Under the state fee schedule:
- Recording and indexing: $14.50 for a deed of 10 pages or fewer, $28.50 for 11 to 30 pages, $48.50 for 31 or more.9Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
- Virginia State Library fee: $3.50.9Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
- Technology Trust Fund fee: $5.00.9Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
- Deed processing fee: $20.00 when recordation tax is assessed.9Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
A simple one-page quitclaim runs at least $43.00 in clerk fees before any transfer tax. Some offices also charge up to $5.00 for paper filings in offices that have electronic filing systems.
File in person or by mail at the Circuit Court Clerk’s office in the city or county where the property is located.10Virginia Code Commission. Virginia Code 17.1-227 – Documents to Be Recorded in Deed Books; Social Security Numbers If you mail it, include a self-addressed stamped envelope; offices without one will hold the recorded original for pickup. Accepted payment methods vary, and some offices charge a convenience fee for card payments.
Before You File, Consider These Traps
Federal Gift Tax Reporting
Transferring property for less than fair market value is a gift as far as the IRS is concerned. A $300,000 home deeded for nominal consideration is a $299,999 gift. In 2026, the annual gift tax exclusion is $19,000 per recipient, and any gift above that requires the donor to file IRS Form 709. The excess counts against the donor’s lifetime exemption of $15,000,000 in 2026.11Internal Revenue Service. What’s New – Estate and Gift Tax Most people never exhaust the lifetime amount, but failing to file the return is still a problem. Transfers between spouses who are both U.S. citizens are generally covered by the unlimited marital deduction and do not require a gift tax return.
The Mortgage Does Not Follow the Deed
If the property carries a mortgage, quitclaiming your interest does not remove you from the loan. The note is a separate contract with the lender, and it stays with the borrower. Most mortgages also contain a due-on-sale clause letting the lender call the balance due when ownership changes. Federal law shields certain residential transfers from that clause: to a spouse or child of the borrower, resulting from divorce or legal separation, or on the borrower’s death, for properties with fewer than five units.12Office of the Law Revision Counsel. 12 U.S. Code 1701j-3 – Preemption of Due-on-Sale Prohibitions Transfers outside those categories give the lender the legal right to accelerate the loan.
The Five-Year Medicaid Look-Back
Giving away or underselling property through a quitclaim can wreck a future Medicaid application for long-term care. Federal law requires Medicaid to review asset transfers made within 60 months before the application.13Office of the Law Revision Counsel. 42 U.S. Code 1396p – Liens, Adjustments and Recoveries, and Transfers of Assets Transfers below fair market value in that window trigger a penalty period of ineligibility, calculated by dividing the value of the transferred asset by the average monthly cost of nursing home care in the state. A $300,000 home transfer can produce well over two years of ineligibility, hitting at exactly the moment the grantor needs coverage. If long-term care is a realistic possibility within five years, talk to an elder law attorney before you record.