An Oklahoma quitclaim deed provides legal grounds for a property owner, or grantor, to transfer an interest in real property to a recipient, or grantee without a guarantee of title. This means the grantor will release their rights to access the property but they do not guarantee the title is free and clear of liens, mortgages, third-party claims, or other encumbrances.
Typically, quitclaim deeds in Oklahoma are used to:
- Transfer property to a revocable trust as part of an estate plan
- Convey property to a business owned or partly owned by the owner
- Transfer property to or between an owner and spouse to create a joint tenancy with a right of survivorship
- Add or remove a former spouse’s interest in the property in a divorce
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
| 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). |
