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What Is a Special Warranty Deed In West Virginia?
A special warranty deed is a legal document that transfers ownership of real property from the seller to the buyer in West Virginia. Unlike a West Virginia general warranty deed, a special warranty deed only guarantees that the seller has not negatively impacted the title to the property during their ownership. This means that the seller does not guarantee the title before their ownership but only during their ownership of the property.
How to Write West Virginia Warranty Deed Form
Writing a West Virginia warranty deed form requires careful attention to detail to ensure that the document is legally binding and accurately reflects the transfer of ownership. The following are the points that you should adhere to write a West Virginia warranty deed form:
- Identify the parties involved in the transaction, including the seller, buyer, and the property being transferred. Include the full legal names and mailing addresses of each party.
- Describe the property being transferred, including the legal description, which can be found on the previous deed or through the county clerk's office. It should include the name of the county, the district or municipality, the subdivision, block and lot number or metes and bounds description.
- Include any specific provisions or contingencies, such as conditions for closing, warranties or representations, encumbrances or easements that may affect the property.
- Have the document signed by both parties and a notary public in the presence of witnesses to ensure its validity.
How to Get a Warranty Deed In West Virginia
Getting a warranty deed in West Virginia involves following a few key steps to ensure the transfer of ownership is legal and accurate. The following are the steps to get a warranty deed in West Virginia:
- Draft a warranty deed form or have a lawyer draft it.
- Ensure that the form complies with West Virginia state laws and regulations, including property transfer taxes and filing fees.
- Review the form carefully and make any necessary revisions.
- Have the seller sign the deed in the presence of a notary public.
- File the deed with the county clerk's office in the county where the property is located.
- Pay the required fees and taxes for the transfer of ownership.
Common Uses Of West Virginia Warranty Deed Form
A warranty deed West Virginia form is commonly used in a variety of situations where the transfer of real property is necessary. The following are the most common uses of a West Virginia warranty deed form:
- Real estate sales and purchases: The form transfers property ownership from the seller to the buyer.
- Gifting a property: The form transfers property ownership from one individual to another as a gift.
- Inheritance: The form is used to transfer ownership of a property from a deceased individual to their heirs or beneficiaries.
- Divorce settlements: The form is used to transfer ownership of a property from one spouse to another as part of a divorce settlement.
- Trusts: The form is used to transfer ownership of a property from an individual to a trust.
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