What Is a Quitclaim Deed in Oklahoma?
A quitclaim deed in Oklahoma is a quick method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”) without requiring a title search or title insurance. While quitclaim deeds are an efficient way to transfer property, they provide the lowest level of security among real estate deeds in Oklahoma.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in Oklahoma?
The difference between a quitclaim deed and a warranty deed is that quitclaim deeds do not make any promises of protection to the grantee if there are any problems with the title. Conversely, warranty deeds provide full protection to the grantee.
How Do Quitclaim Deeds Work in Oklahoma?
Oklahoma state law ruling quitclaim deeds can be found in Title 16 of the Oklahoma Statutes, which governs conveyances. The deed has to be in writing and contains specific language from the Grantor conveying the title to the Grantee.
For the deed to be valid, the Grantor must acknowledge and sign it before recording it at the Registrar of Deeds in the county clerk’s office where the real estate is situated.
Can You Prepare Your Own Quitclaim Deed in Oklahoma?
Oklahoma does not require a professional or specialist to prepare a quitclaim deed. Either party involved in the transaction can prepare the quitclaim deed so long as all the required information is included.
Oklahoma Quitclaim Deed Requirements
There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Oklahoma.
Formatting Requirements
Formatting requirements for quitclaim deeds in Oklahoma include:
- Paper size cannot exceed 8.5 x 14 inches (legal size)
- Ink must be dark; minimum 10-point font.
- Top margin must measure 1 inch; remaining margins must be 0.5 inch minimum.
- Deed must be legible.
- Leave a blank space for the clerk’s stamp, and recording information.
- Deed must be an original document or a certified copy of the original document.
Content Requirements
Content requirements for quitclaim deeds in Oklahoma include:
- English Language.
- Grantor’s name, address, and marital status.
- Return Address.
- Date of transfer.
- Property Description.
- Include indexing information (e.g., metes, bounds, township, range).
- Each legal description counts as a separate line in the numerical index.
- Up to twenty-five (25) legal descriptions can be on one page.
- Additional legal descriptions are charged $1 each.
6. Granting Clause – Grantor’s intent to transfer property interest.
Who Signs a Quit Claim Deed in Oklahoma?
An Oklahoma quitclaim deed is not valid unless it is signed by personnel as required by state law, including:
- The Grantor
- If married, both spouses sign for a homestead unless one lives out of state.
- For non-homestead, both sign or non-owner spouse signs an affidavit.
- The Grantor must have their signature notarized by a notary.
How to File a Quitclaim Deed in Oklahoma
There are three main steps in order to file a quitclaim deed in Oklahoma:
- Fill out a quitclaim deed document.
- Obtain all necessary signatures on the document.
- Record the quitclaim deed with the County Clerk’s Office where the property is located.
How Much Does it Cost to File a Quitclaim Deed in Oklahoma?
The cost to file a quitclaim deed in Oklahoma is $8 for the first page and $2 for each additional page.
What Taxes Are Owed on Quitclaim Deeds in Oklahoma?
In Oklahoma, any quitclaim deed where the sale of the property exceeds $100 will be imposed by a transfer tax. The transfer tax is prorated at 0.75 cents per $500, determined by what was paid for the property. The tax is attached when the deed is delivered to the grantee.
How Long Does a Quitclaim Deed Take to be Recorded in Oklahoma?
There is no state statute governing the length of time it takes a quitclaim deed to be recorded in Oklahoma. The law solely states a deed needs to be recorded in order for it to be valid and enforced.
Since each county in Oklahoma has different procedures for filing, recording times differ.
What Happens After a Quitclaim Deed is Recorded in Oklahoma?
Recording of the deed gives notice to all third parties of the transfer of ownership. There are no formal steps to take after a deed is recorded in Oklahoma. The transfer of ownership of the property is official and creates a public record.
How Long Are Quitclaim Deeds Valid For in Oklahoma?
Quitclaim deeds do not expire in Oklahoma. The statute of limitations in Oklahoma for challenging quitclaim deeds is five years.
Sources
- 1 Okla. Stat. § 16-1-41
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A quitclaim deed to real estate may be substantially the same as a warranty deed, with the word “quitclaim” inserted in connection with the words “do hereby grant, bargain, sell and convey,” as follows: “Do hereby quitclaim, grant, bargain, sell and convey,” and by omitting the words, “and warrant the title to the same.”
Source Link - 2 Okla. Stat. § 16-1-16
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“Every conveyance of real property acknowledged or approved, certified and recorded as prescribed by law from the time it is filed with the register of deeds for record is constructive notice of the contents thereof to subsequent purchasers, mortgagees, encumbrancers or creditors..”
Source Link - 3 Okla. Stat. § 19-9-298
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B. All documents filed of record in the office of the county clerk… shall be an original or a certified copy of an original document. Such documents shall be clearly legible, in the English language, using xerographically reproducible dark ink, on paper of a color that is xerographically reproducible by the copying equipment in use by the county clerk…
Source Link - 4 Okla. Stat. § 16-1-28
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A. No instrument affecting the title to real estate shall be filed for record or recorded unless plainly printed, typed, or handwritten or partly printed, partly typed, or partly handwritten, and the instrument is an original or a certified copy of an original instrument, clearly legible in the English language.
Source Link - 5 Okla. Stat. § 16-1-4
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A “….No deed, mortgage, or contract affecting the homestead exempt by law…shall be valid unless in writing and subscribed by both husband and wife, if both are living and not divorced, or legally separated, except as otherwise provided for by law…”
Source Link - 6 Okla. Stat. § 19-9-298
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A” … and on each such instrument shall be listed the mailing address of the grantee, mortgagee, assignee or other designated party to which the instrument is to be delivered after recording…”
Source Link - 7 Okla. Stat. § 19-9-298
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“…Any instrument offered to a county clerk for recording containing more than twenty-five legal descriptions per page, counted as each description which could require a separate line entry in the numerical index, shall be accompanied by an additional filing fee of One Dollar ($1.00) per legal description in excess of twenty-five legal descriptions per page to be paid to the county clerk…”
Source Link - 8 Okla. Stat. § 16-1-6
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“Where the title to the homestead… ..he/she may convey, mortgage or make any contract relating thereto without being joined therein..”
Source Link - 9 Okla. Stat. § 16-1-3
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B. In the event a recorded conveyance of non-homestead property has been executed by a married grantor without being joined by his or her spouse… said conveyance shall still be considered a valid conveyance of marketable title if one of the following instruments is placed of record: 1. An affidavit executed by the nonjoining spouse..”
Source Link - 10 Okla. Stat. § 16-1-35
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Every acknowledgment must be under seal of the officer taking the same; and when taken in this state, it may be taken before any notary public, county clerk, clerk of the district court, clerk of the county court, or county judge..
Source Link - 11 Okla. Stat. § 28-1-32
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A. 1. For recording the first page of deeds, mortgages and any other instruments not subject to the fee imposed by Section 1-9-525 of Title 12A of the Oklahoma Statutes …$8.00 2. For recording each additional page of same instrument ….$2.00…
Source Link - 12 Okla. Stat. § 68-3201
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A. A tax is hereby imposed on each deed, instrument, or writing by which any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or persons, by his or their direction, when 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, exceeds One Hundred Dollars ($100.00). The tax shall be prorated at the rate of seventy-five cents ($0.75) for each Five Hundred Dollars ($500.00) of the consideration or any fractional part thereof.
Source Link - 13 Okla. Stat. § 16-39a
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All deeds, mortgages, conveyances, or other instruments affecting the title to real property in the state… and where any such instrument has actually been filed and recorded or copied into the permanent volumes of public title records in the office of the county clerk of the county in which said property is situated for a period of five or more years and has not been canceled of record, the recording of any such instrument is and shall be and become a valid public record in all respects and for all purposes as fully as if the same had been originally acknowledged before and certificate executed by an authorized officer and in the manner and form required by law at the time of the execution thereof.
Source Link - 14 Okla. Stat. § 12-95
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Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action shall have accrued and not afterward: 1. Within five (5) years: An action upon any contract, agreement, or promise in writing;
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