Mobile home titles in West Virginia

West Virginia titles a mobile or manufactured home through the Division of Motor Vehicles and provides a title-cancellation process to convert it to real property. The information below describes how the law generally works; anyone with a specific title question should consider consulting a licensed attorney in West Virginia.

What the statute says

A mobile or manufactured home is titled by the Division of Motor Vehicles under the certificate-of-title law (W. Va. Code Chapter 17A), and ownership transfers through that certificate of title.

To convert the home to real property, W. Va. Code §17A-3-12b(a) provides that the Commissioner "may cancel a certificate of title for a mobile or manufactured home affixed to the real property of the owner." The owner submits an application and the certificate of title; the Commissioner records the cancellation with the clerk of the county commission "in the same manner as a deed"; and "upon its recording ..., the mobile or manufactured home shall be treated for all purposes as an appurtenance to the real estate to which it is affixed and be transferred only as real estate," with liens transferred to the real property. The process is reversible — an owner who severs the home from the land files an affidavit, has the assessor confirm the severance, and applies for a new title (§17A-3-12b(b)). Taxation is governed by general law: "nothing in this article shall be construed to affect the taxation of factory-built homes" (§37-15-8).

How it works in general

A West Virginia manufactured home starts as titled personal property: the owner holds a DMV certificate of title, and a sale transfers that title. While the home sits on a rented park lot it stays titled personal property and is taxed accordingly. When the owner affixes the home to land they own, they can apply to the DMV to cancel the title; once the cancellation is recorded with the county clerk, the home becomes part of the real estate, conveyed only with the land. If the home is later severed and moved, the owner records a severance affidavit and the DMV reissues a title. The certificate of title, the DMV cancellation, and the recorded county documents are the key records.

Common scenarios

General examples West Virginia residents commonly encounter:

• A home sits on a rented park lot. It is held by a DMV certificate of title and sold by transferring that title.
• An owner affixes the home to land they own. Canceling the title and recording it makes the home real estate (§17A-3-12b(a)).
• A converted home is later moved. A severance affidavit and a new DMV title restore its personal-property status (§17A-3-12b(b)).

Other authorities that may apply

The Division of Motor Vehicles issues and cancels the certificate of title (W. Va. Code Chapter 17A); the clerk of the county commission records the cancellation and the county assessor taxes the home (as personal property, or as real estate once converted, under Chapter 11). The home's construction follows the federal HUD code, and the certificate of title, deed, and any financing documents also control.