Free Oregon Quitclaim Deed Form

An Oregon quitclaim deed must be in writing and follow specific formatting and content requirements to be accepted by the county clerk. Here are the key requirements you should be aware of:

Formatting Requirements

Oregon law sets minimum formatting standards for documents submitted for recording. A county clerk may reject your quitclaim deed if it does not meet these requirements.

Under ORS § 205.135 and ORS § 205.232, a quitclaim deed must be:

• Typed, written, or printed in at least 10-point font
• Printed on paper no larger than 8 ½ inches by 14 inches
• On quality paper that can create clear copies
• Legible enough to reproduce a readable photocopy

Each county recorder’s office may have different formatting and submission requirements. Verify with your county recorder before submitting your deed to ensure it is properly formatted.

Required Quitclaim Language

An Oregon quitclaim deed must clearly state that the grantor is releasing and quitclaiming their interest in the property, without any warranty of title (ORS § 93.865).

View a sample Oregon quitclaim deed template below to see all the required details to include. Then, use our step-by-step questionnaire to customize and download your own quitclaim deed form in PDF or Word format.

Filing an Oregon quitclaim deed makes the transfer part of the public record. Here’s a step-by-step process on how to file your quitclaim deed in Oregon:

Step 1 – Get a Copy of the Current Deed

Start by obtaining a copy of the most recently recorded deed for the property. This helps you confirm ownership details and copy the correct legal description. You can request a copy from the county clerk’s office or access it online through the county recorder’s website.

Step 2 – Fill Out the Oregon Quitclaim Deed Form

Complete the quitclaim deed with all the required information. You can use Legal Templates’s free Oregon quitclaim form to save time and fill it out using our guided questionnaire.

Your quitclaim deed should include the following information. Most counties expect this information to appear on the first page of the deed. Missing details may result in recording delays and fines.

• A transaction label identifying the document as a quitclaim deed

• The full legal names of the grantor and grantee, along with their mailing address

• A return address showing where the county clerk should mail the recorded deed

• A legal description of the property, which may be copied word-for-word from the prior deed as required for recordation

• The county where the property is located and the assessor’s parcel number (APN), if available

• A statement of consideration showing the true and actual value exchanged for the transfer, even if nominal

• Tax statement information and lien information (if applicable)

• Mortgage or trust deed beneficiary information (if applicable)

Your quitclaim deed should include the required disclosures for real property transfers, where applicable, under ORS § 93.040.

Step 3 – Sign in Front of a Notary

The grantor must sign the quitclaim deed before it can be recorded (ORS § 93.010). Oregon law requires the signature to be acknowledged before a notary public or other authorized official (ORS § 93.410). If the deed is not notarized correctly, the county clerk may refuse to record it.

Step 4 – Record the Deed with the County Clerk

After signing, record the quitclaim deed with the county clerk’s office in the county where your property is located. Recording the deed places the transfer under public records and helps protect the grantee’s interest.

Step 5 – Provide a Copy to the Grantee

Once the deed is recorded, provide the grantee with a copy of the recorded quitclaim deed for their records. The county clerk typically returns the original to the address listed on the deed as the return address.

You will be required to pay recording fees when filing your quitclaim deed in the state of Oregon. Oregon does not charge a statewide real estate transfer tax, but local taxes and other costs may still apply depending on which county the quitclaim is filed in and the nature of the transfer.

Recording Fees

Under ORS § 205.320, counties charge a per-page recording fee for real property documents. State law sets this fee at $5 per page, although the exact total will depend on the length of the deed and any local surcharges adopted by the county. Note that counties may also charge an additional fee or penalty if a document does not meet the quitclaim recording standards. A county clerk may assess a $20 penalty if a quitclaim deed fails to meet formatting requirements under ORS § 205.232 or required content rules under ORS § 205.234. Since recording fees and penalties can vary by county, it’s a good idea to confirm current costs with the county clerk before filing your documents.

Transfer Taxes

Oregon does not charge a statewide real estate transfer tax. However, Washington County charges a local transfer tax that predates the state prohibition on new transfer taxes (ORS § 306.815).

In Washington County, the transfer tax is $1 for every $1000 of the property’s sale price, or any part of $1000, based on Washington County Code of Ordinances § 3.04.070. The buyer and seller usually split the cost evenly, but they may agree that one party will pay the full amount.

Exemptions in Washington County

Some property transfers in Washington County are exempt from the local transfer tax. Common exemptions include:

• Transfers made as a gift, inheritance, or through a will
• Court-ordered transfers, such as those related to divorce or legal separation, including transfers between spouses
• Trustee’s deeds or deeds issued after foreclosure
• Deeds in lieu of foreclosure
• Transfers of a seller’s interest in a contract
• Fulfillment deeds
• Transfers made only to secure a loan
• Transfers involving consideration below $14,000.
• Transfers for a change of identity or place of organization
• Transfers made to dissolve a corporation, partnership, or joint venture

Whether an exemption applies depends on the details of the transfer. If the property is located in Washington County, be sure to check with the county clerk before recording the deed.

Other Tax Considerations

If the quitclaim deed is used to transfer property as a gift, the grantor may need to report the transfer to the IRS using Form 709. Oregon does not impose a state gift tax, but federal tax rules may still apply, and exemption amounts can change from year to year.

If the property is transferred in exchange for payment, the grantor may also owe state or federal capital gains tax. In Oregon, capital gains are taxed at the same rate as regular personal income. Even if no state tax is owed, the federal capital gains tax may still apply.

If the consideration for the real estate is $100,000 or less, the transfer may qualify for an exemption from Oregon capital gains tax, and other state exemptions may also apply, depending on the situation. Federal capital gains tax is generally based on factors such as the grantor’s income, the amount of gain, and how long the property was owned or used as a primary residence.