Oklahoma Quit Claim Deed Form
The Oklahoma Quit Claim Deed is an easy-to-complete means of conveying potential interest in a piece of real estate. In the words of the Oklahoma Government’s resource, Conveyance Instruments, a Quit Claim Deed is used to:
“…Convey any interest that the grantor might possess in the property. The grantor might be a legal owner or the grantor might never have formally been identified on a deed describing the property.”
This definition points out a key feature that makes this type of Deed unique; the property interest passed by one party (the “Grantor”) to another party (the “Grantee”) is not guaranteed as they are free of any and all warranties concerning property title. It is thus in the Grantee’s best interests to thoroughly investigate if there are any potential conflicting claims to the title before entering into this Grantor-Grantee relationship.
Laws (§ 16-41): Oklahoma Statutes, Title 16: “Conveyances”
Clarification of what a Quit Claim Deed conveys (§ 16-18): This section, called “Quitclaim conveys what,” explains what a Quit Claim will entail. Specifically, it states:
“The shall convey all the right, title and interest of the maker thereof in and to the premises therein described.”
Deed tax (§68-3201, §68-3203 and Chapter 30): A tax on the Deed will be imposed if, “the consideration or value of the interest or property conveyed, exclusive of the value of any lien or encumbrance remaining thereon at the time of sale” is in excess of one hundred dollars ($100.00). This tax must be paid by the Grantor.
The tax will be calculated using the following equation:
- Seventy-five cents ($0.75) for every five hundred dollars ($500.00) of the consideration or any fractional part thereof.
Documentary stamps must be purchased and affixed to the Quit Claim Deed to pay for this tax. As Chapter 30; 710:30-1-10 explains, the only way to purchase documentary stamps is from the County Clerk located in the same county where the property is situated. The County Clerk is only allowed to sell the stamps at the time the Quit Claim Deed is presented for recording.
In cases where the filer wishes to claim an exemption, per §68-3202, from providing the document stamps, they must state their reasoning on the face of the Deed. An example of an allowable exemption is if the conveyance is without consideration, such as when a property is conveyed as a bona fide gift.
Description of property (§ 19-287 and § 19-291): The Register of Deeds is required to keep an index of Deeds. In order to do so, certain information must be included in the property description given in the Quit Claim Deed, as highlighted by these sections.
Grantee’s details (§68-3203): The Grantee’s name and address must be stated on the face of the Quit Claim Deed.
Homesteads (§16-4): Any Deed involving a homestead must bear both the husband and wife’s signatures to be legally valid.
In writing (§16-4): In order to be valid in the eyes of the law, it is mandatory for an Oklahoma Quit Claim Deed to be in writing.
Joint tenancy and tenancy by entirety (§ 60-74): Property conveyances involving two (2) or more individuals will automatically create a tenancy in common, unless the contract states otherwise. This section also clarifies that only a married couple may create a tenancy by entirety.
Wording (§ 16-41): State law, in the section, “Form of quitclaim deed” highlights the implications of using certain language in the contract. Specifically, the primary difference of a Quit Claim Deed vs a Warranty Deed is that the former will use the word “quitclaim” and will not use “and warrant the title to the same,” whereas the opposite is true of the latter.
The following table compares the wording used in these two types of Deed to make these differences clear:
Wording of a Oklahoma Quit Claim Deed vs Warranty Deed
|Quit Claim Deed||Warranty Deed|
|"Do hereby quitclaim, grant, bargain, sell and convey."||"Do hereby grant, bargain, sell and convey, and warrant the title to the same."|
Signing requirements (§ 16-26 and § 16-33): The Grantor must acknowledge the form in substantially the same form as either a) the form outlined by the Uniform Law on Notarial Acts or b) the form provided in § 16-33. Such acknowledgments require the Grantor to appear before a Notarial Officer to make a declaration regarding the execution of the Quit Claim Deed.
How to file a Quit Claim Deed in Oklahoma (§16-16): It is necessary for an Oklahoma Quit Claim Deed to be filed with the Register of Deeds (in the same jurisdiction as the property is situated), as doing so constitutes constructive notice of the conveyance to any third parties. A fee will be charged for the recording that the filer is obligated to pay.
The provisions detailed in §16-15 and §16-16 firmly establish Oklahoma as a “notice recording statute” state. By implication, if a party failed to give notice about the existence of their Quit Claim Deed (by way of recording it in the manner described above), a party who purchases the same property under the innocent belief that it is free from conflicting claims would in effect be granted the legal rights to that property.