Free Oklahoma Quitclaim Deed Form

How Do I Transfer Rights in Property with a Quitclaim Deed in Oklahoma?

In the state of Oklahoma and the rest of the country, the quitclaim deeds are mostly used to release or quit ownership rights and interests in contexts of inheritance properties, during divorces, and when gifting loved ones property.

While there exist several types of real estate deeds, the use of the quitclaim deed has been on the rise and is the most popular. Defined as a legal instrument used to convey interests in property from a grantor (transferor) to the grantee (recipient of property title), the quitclaim deed (also a quitclaim or a non-warranty deed) is fast, hence its popularity. Its efficiency is the other reason why the document is also, albeit mistakenly, called a quick claim deed.

Fundamental attributes of the quitclaim

Before you download, prepare, and process your free Oklahoma quitclaim deed, you should know that this deed has one limitation – it only transfers title to property as-is. The deed comes without any warranties on the title, and the grantee will only receive the title or ownership rights held by the grantor at the time of the deed’s execution. This deed does not mention or guarantee the grantee that the title has unknown or undisclosed liens or encumbrances.

The deed could have been recorded incorrectly at the public records office, it might have unpaid taxes in debt, and it might have a boundary dispute; but none of these issues are disclosed in the quitclaim. Also, the grantor might claim to be the legal owner of the property when they are not. This deed offers no legal recourse to the grantee against the grantor. So, if it later turns out that the grantor owned nothing, the grantee will also be left with nothing. Taking these possibilities into consideration, you might want to limit the use of this deed to persons you trust.

If, on the other hand, you prefer a property title transfer that comes with title warranties as well as a guarantee on the title, you might want to opt for the warranty deed. The warranty deed comes in two forms: the general warranty deed and the special warranty deed. The general warranty deed provides warranty on everything related to the property; ownership, and clarity of title. The special warranty title, on the other hand, provides a warranty of title limited to the time that the grantor owned the property.

How to use the quitclaim deed form in Oklahoma?

For the transfer of rights in property, you have to meet the statutory requirements for the quitclaim deed in Oklahoma.

  • Once you have your free from, you will be required to ensure that it meets all the statutory and county requirements. The requirements are highlighted in Section 41 of the statutes, and they include:

    • The deed must bear the full legal name, actual mailing address, as well as the marital status of the grantor.

    • It must have the details of the consideration paid

    • The deed must also have the full legal name of the grantee, including their marital status and the mailing address. The grantee is also expected to outline their vesting interest; which is the description of how the grantee wishes to hold the property title.

    • Regarding vesting, the state accepts two methods of holding property title – co-ownership and sole ownership. For residential property, vesting has to be broken down further into either joint tenancy, tenancy in common, and tenancy by entirety. When property conveyance takes place between at least two people, the property is to be held under a tenancy in common, unless it’s specified differently. On the other hand, there is tenancy by entirety, which is only declared by spouses.

    • For conveyance of realty, the quitclaim must bear the full legal description of that parcel. This description must have all the information required for the title deed’s indexing. According to the statutes in sections 287 and 291, the description of the property must include its addition, the section, township & range, block/ lot, as well as the meets and the bounds, if necessary. Also, it’s important to verify the information needed for the property’s description, by the county clerk’s office.

    • A recitation of the deed’s prior references must be included too, for the preservation of the property’s chain of title.

    • Restrictions affecting the property must be listed too

    • For recording and the validity of the deed, the document has to meet all the local and the state standards set for all recorded instruments.

    • For example, the grantor must sign the deed in the presence of the notary public who will acknowledge the signatures on the deed. Recording of the deed takes place in the county where the property is located, at the clerk’s office.

    • Since the county office expects some payment for the deed’s recording, you need to call them in advance for confirmation of the fees charged.

    • For deed exempted from the Documentary Stamp Tax, you must cite the claimed exemption on the face of the deed.

    • Note that if you are trying to transfer property that affects Indian land, you have to refer to the Bureau of Indian Affairs and you also have to talk to a lawyer.

  • Uses of the quitclaim

    • Transfer of rights to property to a trust

    • Adding a co-owner to real estate

    • Removing a co-owner of an estate from at title

    • Clearing title clouds

    • Transferring real property to children, siblings, or other close relatives

    • Effecting name change on a title deed

There you have it – everything you need to know about transferring property. If you’d like to transfer interests in residential rental property to your loved one in Tulsa, Oklahoma City, Edmond, Norman, Enid, Stillwater, Lawton or any other city in Oklahoma, download out free quitclaim deed form here to get started.

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