A Virginia quitclaim deed transfers whatever ownership interest the grantor currently holds in a piece of real property, with no promise that the interest is good or that the title is clean. Virginia recognizes the operative language under Code § 55.1-363, which gives legal effect to words releasing “all claims upon the said lands.”1Virginia Code Commission. Virginia Code 55.1-363 – Effect of Certain Words of Release in a Deed Because the grantor warrants nothing, this deed suits transfers between people who already trust each other: adding a spouse to the title, moving property into a living trust, fixing a name discrepancy from an earlier deed, or dividing property after a divorce. If it turns out the grantor had nothing to give, the grantee has no claim against them.
What To Gather Before You Draft
Missing any of the following can get the deed rejected at the clerk’s counter or create a title defect you won’t notice until years later.
- Full legal names and mailing addresses of every grantor and grantee, matching the names in the existing chain of title. If a name has changed since the last recorded deed, explain the change on the new deed with “formerly known as” phrasing.
- The legal description of the property, copied exactly from the most recently recorded deed. Metes-and-bounds measurements or lot-and-block references define the parcel. Paraphrasing or abbreviating is one of the fastest ways to break a title.
- The tax map reference number or parcel identification number (PIN). Virginia circuit courts in localities with a unique parcel identification system require the PIN on the first page of the deed or on a cover sheet. It appears on a recent property tax bill or in the locality’s online GIS or land records portal.2Virginia Code Commission. Virginia Code 17.1-252 – Indexing by Tax Map Reference Number
- The consideration amount, stated on the first page. For a gift transfer with no money changing hands, state a nominal amount (commonly ten dollars) or zero and label the document a deed of gift.3Virginia Code Commission. Virginia Code 17.1-223 – Duty of Clerk to Record Writings and Make Index
- The deed book and page number (or instrument number) of the most recent recorded deed, so the clerk can index the new deed against the correct chain.
The Preparer Statement
For residential property with four or fewer dwelling units, the first page must identify who prepared the deed. If you prepared it yourself, say so. If an attorney prepared it, the deed must include the attorney’s name and Virginia State Bar number.3Virginia Code Commission. Virginia Code 17.1-223 – Duty of Clerk to Record Writings and Make Index A deed missing this statement can be rejected.
The Land Record Cover Sheet
Many Virginia circuit courts require Form CC-1570, the Land Record Cover Sheet, to accompany a deed submitted for recording. The sheet collects grantor and grantee names, parcel numbers, and instrument type in a standardized format for indexing. Virginia’s judicial system runs a free online generator: select your court, fill in the fields across several tabs, and download the completed sheet as a PDF.4Virginia Judicial System. Virginia Land Record Cover Sheet Quick Reference Guide Confirm with your local clerk’s office whether the cover sheet is mandatory in your jurisdiction; some courts require it, others treat it as optional but preferred.
Formatting Rules the Clerk Will Enforce
Virginia’s Standards for Recorded Instruments set the physical requirements. Paper must be at least 8½ by 11 inches and no larger than 8½ by 14 inches.5Virginia Code Commission. 17VAC15-61-20 – Permanent Recording and Filing Medium The top margin must be at least 1¼ inches so the clerk’s recording stamps have room; the bottom, left, and right margins must be at least ¾ inch.6Register of Regulations. 17VAC15-61 – Standards for Recorded Instruments Documents that break these rules come back unrecorded.
Place the grantor and grantee details, legal description, consideration, and parcel number in the designated fields on the form. Everything must be legible, because clerks scan these documents into digital archives and anything that doesn’t reproduce clearly becomes a future title searcher’s problem. Keep the preparer statement on the first page.
Blank quitclaim deed forms are sold by legal document providers, some office supply stores, and some circuit court clerk offices. A pre-formatted quitclaim template is usually easier than adapting the general statutory deed form at Virginia Code § 55.1-300.7Virginia Code Commission. Virginia Code 55.1-300 – Form of a Deed
Signing and Notarization
The grantor signs the deed, and the signature must be acknowledged before it can be recorded. Virginia Code § 55.1-600 allows acknowledgment before a notary public, a clerk of the circuit court, a deputy clerk, or a commissioner in chancery.8Virginia Code Commission. Virginia Code 55.1-600 – When and Where Writings Recorded A notary is the standard choice.
Virginia law requires the notary to affix an official seal or stamp and include their commission expiration date on the notarial certificate.9Commonwealth of Virginia. A Handbook for Virginia Notaries Public The notary verifies the grantor’s identity and confirms the signature was voluntary. A deed without proper acknowledgment cannot be recorded, so check the certificate before you leave the notary’s table. Date the deed clearly to show when the transfer took place.
Where To Record the Deed
Submit the signed, notarized deed to the Clerk of the Circuit Court in the city or county where the property sits. You can file in person at the courthouse or mail the original with the required fees. Some Virginia jurisdictions accept electronic recording through third-party providers such as Simplifile or CSC, but availability varies; check with your local clerk.
Recording Fees
Recording fees have several components. For a standard quitclaim deed of ten pages or fewer, expect roughly the following:
- Base recording and indexing fee: $14.50 for ten pages or fewer, $28.50 for eleven to thirty pages, or $48.50 for thirty-one or more pages.
- Virginia State Library fee: $3.50.
- Technology Trust Fund fee: $5.00.
- Deed processing fee: $20.00, assessed when recordation tax or grantor tax applies.
- Open-space preservation fee: $3.00, assessed on deeds where the Virginia Outdoors Foundation holds an easement.
For a quitclaim deed where taxes are assessed, the Virginia Judicial System’s circuit court fee schedule puts the total at approximately $51 for a document of ten pages or fewer, before any transfer taxes. A gift deed with no taxable consideration runs lower, around $27, because the deed processing fee doesn’t apply.10Office of the Executive Secretary, Department of Judicial Services. Circuit Court Fee Schedule Some localities in Northern Virginia and Hampton Roads assess additional regional fees on top.
Recordation and Grantor Taxes
Virginia imposes two transfer taxes on deeds, calculated on the consideration paid or the property’s assessed value, whichever is greater. The recordation tax under Code § 58.1-801 is 25 cents per $100 of value.11Virginia Code Commission. Virginia Code 58.1-801 – Deeds Generally; Charter Amendments The grantor tax under Code § 58.1-802 adds 50 cents per $500 of value when consideration exceeds $100.12Virginia Code Commission. Virginia Code 58.1-802 – Additional Tax Paid by Grantor; Collection
Exemptions for Common Quitclaim Transfers
Many of the reasons people use a quitclaim deed are exempt under Virginia Code § 58.1-811. Gift deeds where no consideration passes between the parties are exempt from recordation tax, provided the deed states on its face that it is a deed of gift.13Virginia Code Commission. Virginia Code 58.1-811 – Exemptions Other exempt transfers include:
- Deeds transferring property under a divorce decree, separate maintenance order, or written separation agreement.
- Partition deeds dividing property among joint tenants or tenants in common.
- Transfers to a revocable living trust when the grantors and trust beneficiaries are the same people and no consideration changes hands.
- Transfers to or from certain partnerships and LLCs where the grantors hold at least 50% of the profits interest.
If your transfer qualifies, cite the specific exemption on the deed or cover sheet. The clerk’s office will not assume an exemption applies; you have to claim it.13Virginia Code Commission. Virginia Code 58.1-811 – Exemptions
What Happens After You File
The clerk reviews the deed for formatting compliance and correct fees before accepting it. Once recorded, the deed receives a deed book and page number or a unique instrument number and becomes part of the permanent public land records. The original is typically scanned and mailed back to the grantee; turnaround depends on jurisdiction and filing volume. Keep the returned original somewhere safe; you’ll need it for any future sale, refinance, or title dispute.
Risks You Should Know Before You Sign
Quitclaim deeds are simple to execute and routinely catch people off guard with their side effects.
The Mortgage Stays Put
A quitclaim deed does not affect an existing mortgage. If the grantor owes money on the property, the loan stays with the grantor even after title passes. The grantee takes an interest in property that still secures someone else’s debt, and the grantor keeps paying on property they no longer own.
Due-On-Sale Clauses
Most mortgages include a due-on-sale clause that lets the lender demand full repayment if the borrower transfers the property. The federal Garn-St Germain Act blocks the lender from enforcing that clause when the property is residential with fewer than five units and the transfer goes to a spouse or children of the borrower, results from a divorce or legal separation, or moves the property into a living trust where the borrower stays a beneficiary.14Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions Transfers outside those categories, such as deeding property to a sibling, a friend, or an unrelated business partner, can trigger the clause and force immediate repayment of the full loan balance.
No Title Protection
Because the deed carries no warranty, the grantee has no recourse against the grantor if the title turns out to carry liens, encumbrances, or competing ownership claims. Existing title insurance policies generally do not transfer to a new owner through a quitclaim deed, and many title insurers are reluctant to insure property acquired this way without a full title search. For an arm’s-length transaction with real money on the line, a general warranty deed or special warranty deed gives the buyer far more protection.
Federal Gift Tax Reporting
When you transfer property for less than fair market value, the IRS treats the difference as a gift. The annual gift tax exclusion for 2026 is $19,000 per recipient.15Internal Revenue Service. Gifts and Inheritances Real estate almost always exceeds that threshold, so the donor must file IRS Form 709 for the year of the transfer even if no gift tax is owed. Married couples can elect gift splitting to combine their exclusions to $38,000, but that still won’t cover most property transfers. The excess reduces the donor’s lifetime estate and gift tax exemption. Transfers between spouses who are both U.S. citizens qualify for the unlimited marital deduction and don’t trigger gift tax reporting.
Record Promptly
Virginia’s recording statutes protect bona fide purchasers. If someone else records a competing claim to the same property before you record your quitclaim deed, you could lose your interest entirely. File the deed as soon as the ink is dry on the notarial certificate.