An Oklahoma quitclaim deed simplifies property transfer by conveying the grantor’s interest without promising clear title. This deed is suitable for familiar parties, like family members, who have a mutual understanding.
How to File
To file a quitclaim deed in Oklahoma, you’ll need to complete the document correctly, notarize it, and submit it to the right county office. Following the process helps make your property transfer valid.
Step 1 – Obtain the Property Deed
You should have a copy of the property deed in your possession if you are the owner. If not, request a copy from the owner or contact your local county clerk’s office to file a request. The deed includes critical information you need for the quitclaim deed process.
Step 2 – Transcribe the Legal Property Description
In Oklahoma, any deed conveying property must have a legal description of the real estate, according to Okla. Stat. tit. 19 § 298. Property descriptions in Oklahoma may include the following systems:
- Block and lot
- Township, section, and range
- Metes and bounds
- Condominium unit designation
For the sake of clarity, consider including the property address, if available.
Step 3 – Draft an Oklahoma Quitclaim Deed
Quitclaim deeds in Oklahoma must be written in plain English per Okla. Stat. tit. 16 § 28.
Per Okla. Stat. tit. 19 § 298, the deed must:
- Be written, typed, or printed in black ink
- Be on a paper color that can be easily copied using a photocopier or scanner used by the county clerk’s office.
- Be on legal-size paper of 8 ½ in. x 14 in. or smaller
- Be in an easy-to-read font no smaller than 10 points.
- Retain space at the top of the document for the recorder’s stamp and filing information.
- Have at least a 1 in. margin at the top of the first page. All remaining margins should be a minimum of ½ in.
Ensure your Oklahoma quitclaim deed includes the following information:
- Name and marital status of grantor (Okla. Stat. tit. 16 § 4)
- Grantee’s full name and return address (Okla. Stat. tit. 19 § 298)
- Legal real estate property description (Okla. Stat. tit. 19 § 298)
- Warranty disclaimer and vesting information (Okla. Stat. tit. 16 § 41)
Step 4 – File the Quitclaim Deed
File your Oklahoma quitclaim deed with the register of deeds at the county clerk’s office in the county where the property is situated, in accordance with Okla. Stat. tit. 16 § 15. If the conveyed property is in more than one county, you can use a certified copy of the original deed to file in other counties, per Okla. Stat. tit. 16 § 43.
Costs and Fees
When you file a quitclaim deed in Oklahoma, you may be asked to pay recording fees and transfer taxes at the time of recording. Depending on the details of your transaction, you may also owe state and federal taxes for gifts and capital gains when you file your annual income tax return.
Recording Fees
Okla. Stat. tit. 28 § 32 establishes fees for recording official documents, including quitclaim deeds. Typically, recording fees are as follows:
- $18.00 for the first page
- $2.00 for each additional page
- $25.00 for the first page of documents that do not conform to Okla. Stat. tit. 19 § 298 requirements
- $10.00 for each additional page of a non-conforming document
Taxes
Taxes for conveying real estate in Oklahoma using a quitclaim deed may include state documentary tax, state and federal capital gains tax, and federal gift tax.
1. Documentary Tax
Oklahoma charges a documentary stamp tax for deeds transferring property with consideration, in accordance with Okla. Stat. tit. 68 § 3201.
Who Pays the Documentary Tax?
Documentary tax is typically paid by the grantor when transferring property in Oklahoma via quitclaim deed.
Exemptions to Documentary Tax
The following are excluded from documentary tax, per Okla. Stat. tit. 68 § 3202:
- Deeds that secure or release a debt or obligation
- Deeds that modify, correct, or supplement an already recorded deed without additional consideration
- Deeds that convey property between spouses, parents and children, and other close relatives without consideration, unless the property is transferred to another unrelated person within 1 year
- Deeds that convey property between the owner to a business owned by a close relative of the grantor without consideration, unless the property is transferred to another unrelated person within 1 year
- Tax deeds
- Deeds executed by Native Americans when approved by the district courts or Secretary of the Interior
- Deeds of partition when parties take equal shares
- Deeds conveying property in a business merger
- Deeds to cancel or surrender subsidiary stock to a parent corporation
- Deeds involving the US or State of Oklahoma and any of their instrumentalities, agencies, departments, or subdivisions, including the Oklahoma Space Industry Development Authority
- Deeds pursuant to foreclosure in which the grantee holds the mortgage or acts to release the mortgage holder from liability
- Deeds to remove discriminatory restrictive covenants
- Deeds that convey property for consideration of less than $100
Tax Rates
Oklahoma documentary tax is assessed for all properties conveyed with consideration over $100. The rate is $0.75 for every $500 of the consideration or any fraction thereof.
2. US Gift Tax (Form 709)
If you convey property as a gift using an Oklahoma quitclaim deed, you may be required to pay a gift tax to the federal government. Oklahoma does not have a gift tax. US gift tax is assessed for gifts over the federal exemption amount. The IRS updates this exemption value annually [1].
If you gifted property valued over the gift tax exemption, you can file your gift tax with your annual tax return by using form 709 [2].
3. Capital Gains Tax
If you conveyed property through an Oklahoma quitclaim deed with consideration, you may owe Oklahoma and federal capital gains tax. Oklahoma charges capital gains tax per Okla. Stat. tit. 68 § 2358. The tax is assessed as income tax on the amount of profit the grantor made when selling the property.
Regulations and exemptions for capital gains tax are different for federal and state taxes. So, you may owe Oklahoma capital gains tax but not federal or vice versa. The IRS bases capital gains rates on the taxpayer’s annual household income, the value of the conveyed property, and the length of time the grantor owned the property [3].
Oklahoma Quitclaim Deed Requirements
Quitclaim deeds in Oklahoma must meet specific legal requirements to be valid. Preparing the deed properly helps you avoid unnecessary hold-ups in the recording process.
Legal Framework
Oklahoma quitclaim deed laws create legal grounds for transferring property or changing a title. Okla. Stat. tit. 16 § 4 provides the fundamental legal basis for transferring property using a deed or mortgage, including Oklahoma quitclaim deeds. Okla. Stat. tit. 16 § 18 specifies that a quitclaim deed conveys the right, title, and interest of the grantor in and to the property.
Legal Description
Per Okla. Stat. tit. 19 § 298, a quitclaim deed must include a legal description of the property. The description provides sufficient information for the county clerk to index the property per Okla. Stat. tit. 19 § 291 and Okla. Stat. tit. 19 § 287. Legal descriptions may use any of the following systems:
- Block and lot
- Township, section, and range
- Metes and bounds
Condos and similar properties must also include the unit designation and any other detail necessary to identify the property, per Okla. Stat. tit. 60 § 515.
Signing
According to Okla. Stat. tit. 16 § 26 and Okla. Stat. tit. 16 § 15, and a quitclaim deed affecting real estate ownership must be signed by the grantor and acknowledged by a notary before it can be officially recorded. Notarization requirements can be found under Okla. Stat. tit. 16 § 35.
Okla. Stat. tit. 16 § 4 requires both spouses to sign the quitclaim deed if the property is used as a homestead by a married couple. Different terms may apply if the couple is divorced or legally separated.
Terminology
To establish a quitclaim deed in Oklahoma, the document must use language that quitclaims the grantor’s right to the conveyed property, per Okla. Stat. tit. 16 § 41. In addition, you must remove any language that warrants title to the property. By avoiding this terminology, you eliminate the grantor’s liability for any title issues or defects.
Additional Documents
If the property is transferred as part of a trust, you must also have a copy of the trust itself on record with the county in which the property is situated, consistent with Okla. Stat. tit. 60 § 175.6a.
Filing
Per Okla. Stat. tit. 16 § 15, any deed relating to real estate must be filed with the register of deed with the county clerk in the county where the property is located. Property located in more than one county can be recorded using a certified copy of the registered deed from another county where the property exists, per Okla. Stat. tit. 16 § 43.
Validity Requirements
Oklahoma statutes establish clear guidelines for filed documents to ensure consistency and easy filing. The following formatting requirements for quitclaim deeds and other records are listed under Okla. Stat. tit. 19 § 298:
- Document must be the original quitclaim deed or a certified copy thereof
- Documents must be on paper no larger than 8 ½ in. x 14 in.
- Documents must be on paper color that allows it to be copied by the county clerk
- Documents must be printed with dark ink in a 10-point or larger font
- Documents must be clear and legible enough to be copied using the equipment available in the county clerk’s office
- Deeds must have a top margin of at least 1 in. and space for the clerk to add a document stamp and indexing details
- All other margins in the deed should be at least ½ in.
In addition, Okla. Stat. tit. 16 § 28 requires deeds to be plainly printed, typed, or written in English.
Content Requirements
Your quitclaim deed should include the following details for proper indexing, per Okla. Stat. tit. 19 § 298:
- Grantor’s name and marital status (Okla. Stat. tit. 16 § 4)
- Grantee’s name and return address where the deed should be sent once recorded (Okla. Stat. tit. 19 § 298)
- A legal description of the conveyed real estate property (Okla. Stat. tit. 19 § 298)
- Conveyance and warranty language (Okla. Stat. tit. 16 § 41)
If you use a quitclaim deed to transfer property, you should also disclose the consideration exchanged for the property. However, this disclosure is not required for the deed to be valid in Oklahoma.
Quitclaim Deeds vs. Other Property Transfer Methods in Oklahoma
| Quitclaim Deed | Transfers real estate from the property owner to the recipient without warranty of ownership or title. Title defects like liens, mortgages, and third-party claims become the grantee's responsibility to resolve (Okla. Stat. tit. 16 § 41). |
| Special Warranty Deed | Transfers real estate from the property owner to the recipient with limited warranty of title. Typically, the grantor will warrant the property is free of liens, encumbrances, or other defects that may have arisen while they owned the property. They are not liable for any issues that may have arisen prior to their ownership tenure. |
| General Warranty Deed | Conveys real estate from the property owner with a warranty for a free and clear title. The grantor warrants that there are no existing encumbrances or ownership issues, and they take responsibility for any ownership issues or title issues that may arise (Okla. Stat. tit. 16 § 40). |
| Title Insurance | Protects the grantee by covering costs associated with title defects that may arise after the property transfer. Title insurance is typically available at the time of purchase for a premium (Okla. Stat. tit. 36 § 709). |
| Joint Tenancy and Tenancy by Entirety | Establishes the terms for joint tenancy and tenancy by entirety, which allow a property owner to transfer ownership to a co-owner in the event of their death (Okla. Stat. tit. 60 § 74). |
| Transfer on Death Deed | Transfer on death deeds allow the owner to transfer property to a beneficiary upon their death (Okla. Stat. tit. 58 § 1257). |
Sample Oklahoma Quitclaim Deed
View a free Oklahoma quitclaim deed sample. You can personalize the template using our editor and download the document in PDF or Word format.
Frequently Asked Questions
How long does it take for a quitclaim deed to be recorded in Oklahoma?
The time it takes to record a quitclaim deed in Oklahoma varies by county. Generally, once submitted to the county clerk’s office, the deed is recorded promptly, typically within a few days.
However, during peak periods or due to administrative delays, the process can take longer. It’s advisable to contact the specific county clerk’s office for more accurate timelines.
Can a quitclaim deed in Oklahoma be revoked?
Once a quitclaim deed is executed, delivered, and accepted by the grantee, it generally cannot be revoked unilaterally by the grantor.
Revoking or changing the deed requires the consent of both parties involved and usually entails executing a new deed to transfer the property back to the grantor or to another party. Legal consultation is recommended to explore options and implications of such actions.
Does an Oklahoma quitclaim deed provide a warranty of title?
No, an Oklahoma quitclaim deed does not provide a warranty of title. It transfers only the grantor’s interest in the property, if any, without guaranteeing the quality of the property’s title or the presence of encumbrances.
Buyers should conduct a thorough title search and possibly purchase title insurance to protect against title issues.
How does a quitclaim deed affect mortgages in Oklahoma?
A quitclaim deed transfers property ownership without affecting any existing mortgages or liens on the property. The grantee receives the property subject to any such encumbrances.
It’s crucial to understand that if the property is mortgaged, the original borrower (grantor) remains responsible for the debt unless the lender agrees to release them and hold the grantee responsible instead. Such arrangements are outside the scope of the quitclaim deed itself and must be negotiated separately with the lender.
Are quitclaim deeds commonly used in estate planning in Oklahoma?
Yes, quitclaim deeds are commonly used in estate planning in Oklahoma to transfer real property into trusts or directly to beneficiaries, which can avoid probate upon the grantor’s death. They offer a simple way to transfer property, but since they do not warrant title, it’s vital to ensure they fit into the broader estate plan appropriately. Consulting with an estate planning attorney is advisable to navigate these considerations effectively.
