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In the state of Oklahoma, a quitclaim deed is a legal document used to convey property from one person to the next without any guarantees that the title is free and clear. This means that the ownership interest may be transferred without the buyer knowing whether the seller has the legal authority to sell it. This type of property transfer is commonly used between family members, such as to transfer title in a property held by spouses in a joint tenancy to separate property held by one spouse only.
A buyer who is purchasing a piece of property in a real estate transaction via quitclaim deed should ensure that there is a good title and the property title is free of encumbrances by conducting a thorough title search.
If you would instead like to transfer property in a way that protects the new owner, you should consider a different type of deed, such as a general warranty deed or a special warranty deed. If you are unsure about what type of property deed you should use, you should seek legal advice.
Oklahoma quitclaim deed laws are codified at Oklahoma Statutes § 16-41.
Signing - According to Oklahoma State Law, the quitclaim deed must be signed by the selling party in the presence of a Notary Public (§ 16-26).
Recording - All quitclaim deeds that have been notarized should be filed with the County Clerk’s Office within the jurisdiction that the property falls under.
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To write an Oklahoma quit claim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, signed, and notarized, it should be filed in the county where the property is located. In some counties, the proper venue is the Oklahoma County Clerk. In other counties, the proper office is a Registry of Deeds or County Recorder.
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