What Is an Oklahoma Quitclaim Deed?
This document releases whatever ownership interest the grantor has in a property to the grantee, with no promise that the title is clear. It's one of the simplest ways to move property between people who already trust each other.
A warranty deed makes more sense for a sale where the buyer has no way to independently verify the seller actually owns the property free and clear.
In Oklahoma, that wording comes from Title 16, Section 41, which simply swaps “grant, bargain, sell and convey” for “quitclaim, grant, bargain, sell and convey” in an otherwise standard deed.
Oklahoma Quitclaim Deed Requirements
Oklahoma county clerks check for a short list of things before recording a quitclaim deed:
- A notary's acknowledgment of the grantor's signature
- The property's complete legal description (the street address alone is insufficient)
- Margins of 1 inch on top and half an inch elsewhere, with print no smaller than 10-point so the county's scanner can read it clearly
- Both spouses' signatures, if the property is the couple's homestead
- The documentary stamp amount noted on the deed (or the exemption that applies)
County clerks also expect blank space near the top of the first page for the documentary stamp and filing information, separate from the regular margins. They don’t generally accept paper larger than legal size, which is 8½ by 14 inches.
A deed missing any of these details usually comes back unrecorded, so always check your formatting and signatures before filing.
Common Uses for an Oklahoma Quitclaim Deed
Quitclaim deeds are most common in these situations:
- Changing whose name is on the title after a marriage or a divorce
- Transferring mineral or surface rights separately from the rest of the property
- Passing a farm or family homestead down to the next generation
- Fixing a legal description that doesn't match the county's plat records
- Moving one heir's share of an inherited property into another heir's name
Mineral rights transfers are common enough in Oklahoma that a quitclaim deed here often covers less than the whole property.
Someone can quitclaim only the surface rights or only the mineral interest, without affecting the rest of the ownership.
A landowner who leases minerals to an oil or gas company can also use one to correct who holds the mineral estate before royalty payments are split.
Create Your Oklahoma Quitclaim Deed
Oklahoma Quitclaim Deed with Mortgage
The loan on a property stays with the person who signed it, no matter what a quitclaim deed does to the title. Recording a new deed doesn't ask the lender's permission, and it doesn't move any debt to the new owner.
A property settlement in a divorce often names one spouse as the sole owner going forward. The mortgage lender doesn't recognize that change until it approves a refinance or an assumption.
Most Oklahoma mortgages include a due-on-sale clause, which lets the lender call the loan due once title changes hands.
Lenders can invoke federal law here, though it's uncommon for a transfer that keeps the property in the family or moves it into a living trust, and a short letter explaining the circumstances usually settles any objection.
How to File a Quitclaim Deed in Oklahoma
A compliant Oklahoma quitclaim deed comes together in six easy steps with Lumr:
- 1
Get the legal description right
The legal description must match what's already on file with the county assessor, so use the current deed rather than typing up the street address.
- 2
Identify the parties
Give the grantor's and grantee's full legal names, matching how they're recorded on the current deed.
- 3
Fill in the deed
Lumr's template already applies the wording Title 16, Section 41 requires. The framework is there; only the property and party details remain to add.
- 4
Add spousal signatures if needed
If the property is the couple's homestead, both spouses sign regardless of whose name is on the title. Missing this signature can undo the transfer entirely, not just delay it.
- 5
Notarize the signatures
Everyone who signs does so before a notary public or another authorized officer. Oklahoma doesn't ask for additional witnesses beyond that.
- 6
File with the county clerk
Take the signed, notarized deed to the county clerk where the property sits, along with the documentary stamp amount or the exemption citation. That puts the transfer into the county's official records.
Keep a copy of the recorded Oklahoma quitclaim deed PDF for your own records once the county clerk returns it.