If you are adding a spouse to title, removing a former spouse, giving property to a family member, moving real estate into a trust, handling an inheritance, or cleaning up ownership records, a Virginia quitclaim deed may be the document you are looking for.
The deed itself is often the simple part. The details that cause confusion are usually the legal description, notarization, which office actually handles recording in your area, whether the recordation tax applies to your situation, and Virginia's mix of counties and independent cities.
The good news is that Virginia's tax law specifically names quitclaim deeds as exempt from recordation tax when no money changes hands, which covers a large share of the reasons people use one.
Good News Specific to Quitclaim Deeds:
Virginia law states plainly that no recordation tax is required for the recordation of a deed of gift, a quitclaim deed, or a corrective deed, when no consideration has passed between the grantor and grantee. This isn't limited to family members: it applies whenever the transfer is genuinely a gift, whoever the grantee is.
Divorce-related transfers also receive specific, reduced tax treatment. So for most of the situations described on this page, Virginia's recordation tax is not the obstacle it might first appear to be.
What You Need Before Filling Out the Deed
Before you start typing names into a deed form, gather the information Virginia circuit court clerks commonly expect.
- Current deed or previously recorded deed
- Grantor's full legal name and mailing address
- Grantee's full legal name and mailing address
- Complete legal description of the property
- The tax map or parcel identification number, where required locally
- The Virginia county or independent city where the property is located
- Notary acknowledgment or two witnesses for the grantor's signature
- A statement of consideration on the first page, or the exemption basis if none was paid
- A cover sheet, if your clerk's office requires one
- Recording fees and any recordation tax due
How to Fill Out a Virginia Quitclaim Deed
Step 1: Identify the Correct Circuit Court Clerk
Virginia deeds are recorded with the Clerk of the Circuit Court in the county or independent city where the property is located.
Virginia's structure is a little different from most states: it has both counties and independent cities, each with their own separate land records, so it's worth confirming exactly which jurisdiction your property falls under.
Step 2: Enter the Grantor Information
The grantor is the current owner transferring their interest in the property.
Use the grantor's full legal name and mailing address. Virginia requires the grantor's and grantee's surnames to be underlined or capitalized the first time they appear in the deed, which helps with indexing.
Step 3: Enter the Grantee Information
The grantee is the person receiving the property interest.
Include the grantee's full legal name and mailing address.
Step 4: Choose the Ownership Wording Carefully
If there is more than one grantee, be specific about the ownership form, such as tenants in common or joint tenants with right of survivorship, so the deed reflects what you actually intend.
Step 5: Add the Legal Description
Use the complete legal description from the current deed or a previously recorded deed, whether by metes and bounds, subdivision lot and block, or a reference to a recorded plat. In localities that use a unique parcel identification system, include the tax map or parcel ID number on the first page or cover sheet.
Step 6: State the Consideration
Virginia requires the deed's first page to state the consideration. For family gifts, "love and affection" is an accepted way to state that no money changed hands. Misrepresenting the consideration to reduce tax is a Class 1 misdemeanor, so accuracy matters here.
Step 7: Sign and Notarize the Deed
The grantor must sign the deed, with the signature acknowledged before a notary public , or alternatively witnessed by two competent witnesses.
Virginia allows Remote Online Notarization (RON) , which lets you meet with a notary by secure live video instead of traveling to an office.
Before choosing online notarization, confirm your circuit court clerk will accept a remotely notarized deed. Learn more on our Remote Online Notarization by State page.
Step 8: Confirm Whether Recordation Tax Applies
If your transfer is a genuine gift with no consideration, note on the deed that it qualifies as an exempt quitclaim deed or deed of gift under Virginia law. If your transfer is divorce-related, the clerk may ask for supporting evidence, such as the divorce decree, to confirm the reduced tax treatment.
If your transfer isn't exempt, be prepared to pay the state recordation tax, any local recordation tax, and the additional grantor's tax based on the greater of consideration or fair market value.
Step 9: Record the Deed
Submit the signed and notarized deed, along with any required cover sheet, recording fee, and tax due, to the Clerk of the Circuit Court in the county or independent city where the property is located.
Many Virginia jurisdictions accept electronic recording through approved vendors, which can speed up processing.
Will You Owe Recordation Tax?
For a lot of the situations that bring people to this page, the answer is: usually not.
Virginia law specifically states that no recordation tax is required for a deed of gift, a quitclaim deed, or a corrective deed, when no consideration has passed between the parties. This isn't limited by family relationship: it applies to any genuine no-consideration transfer.
Divorce-related transfers also receive specific tax treatment, generally at a minimal flat amount rather than the standard rate, though the clerk may ask for documentation such as the divorce decree to confirm it.
For transfers that do involve real consideration and aren't otherwise exempt, the state recordation tax is $0.25 per $100 of the greater of consideration or fair market value, with many localities adding up to another third of that amount, plus a separate grantor's tax of $0.50 per $500.
Virginia Signing and Recording Notes
- Virginia deeds are recorded with the Clerk of the Circuit Court in the county or independent city where the property is located.
- The grantor's signature must be notarized, or alternatively witnessed by two competent witnesses.
- Use the complete legal description, not just the street address.
- No-consideration quitclaim deeds and deeds of gift are exempt from recordation tax.
- Divorce-related transfers get specific, reduced tax treatment.
- The deed's first page must state the consideration, even if it's "love and affection."
- Misrepresenting consideration to avoid tax is a criminal offense in Virginia.
- Social Security numbers must be removed before a deed is submitted for recording.
- Some localities require a cover sheet with indexing and tax information.
- Assuming a quitclaim deed changes responsibility for a mortgage is a common misconception.
Official Virginia Sources
Common Virginia Quitclaim Deed Mistakes
- Recording with the wrong office in an area with both a county and an independent city nearby
- Using only the street address instead of the legal description
- Leaving off the tax map or parcel ID number where a locality requires it
- Forgetting that the deed needs a notary acknowledgment or two witnesses
- Leaving a Social Security number in the document instead of removing it beforehand
- Not stating the consideration, even a nominal one like "love and affection"
- Assuming a divorce-related transfer is automatically documented without any supporting evidence
- Missing a required local cover sheet
- Using unclear ownership wording when there is more than one grantee
- Assuming a quitclaim deed changes responsibility for a mortgage
How This Fits Into the Virginia Quitclaim Deed Process
A Virginia quitclaim deed can be a practical way to update ownership, especially for family gifts, trust transfers, estate planning, and divorce-related transfers.
The key is to prepare the deed carefully, state the consideration accurately, notarize it correctly, and record it with the right circuit court clerk. Since Virginia specifically exempts no-consideration quitclaim deeds from recordation tax, the cost side of the process is often lighter than people expect.
Virginia Quitclaim Deed FAQ
Where do I record a Virginia quitclaim deed?
Record the deed with the Clerk of the Circuit Court in the Virginia county or independent city where the property is located.
Will I owe recordation tax if I give my house to a family member?
Usually not. Virginia specifically exempts quitclaim deeds and deeds of gift from recordation tax when no consideration has passed, regardless of the relationship between the parties.
Does a Virginia quitclaim deed need to be notarized?
The grantor's signature must be acknowledged before a notary public, or alternatively witnessed by two competent witnesses.
Does Virginia record deeds by county?
Mostly, but Virginia also has independent cities that maintain their own separate land records, so it's important to confirm the correct jurisdiction rather than assuming it's always a county.
Is this legal advice?
No. This page provides general educational information and is not legal advice.