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OKLAHOMA
QUITCLAIM DEED
[Four Individuals to Four Individuals]
Control Number: OK-027-77
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II. Notes re Waiver of Homestead ExemptionConcerning the “marital homestead”, the Oklahoma State constitution directs –
under Art. 12, §2 – that “nor shall the owner, if married, sell the homestead without
the consent of his or her spouse, given in such manner as may be prescribed by law”,
and “Nothing in this article shall prohibit any person from mortgaging his homestead,
the spouse, if any, joining therein; nor prevent the sale thereof on foreclosure to
satisfy any such mortgage…”. The Oklahoma State legislature enacted statutory
language parroting such requirement so that for an instrument affecting real property
to be valid between the parties, both spouses must “subscribe” (i.e., sign) any “ deed,
mortgage or contract affecting the homestead”. See 16 O.S. §4.
III. Documentary Stamp Tax
STATUTORY REFERENCE: Pursuant to Oklahoma State Statute Title 68 Section 3201 there is
imposed on each conveyance of real property a Documentary Stamp Tax when the
consideration or value exceeds One Hundred Dollars ($100.00).
AMOUNT OF TAX: 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.
EXEMPTIONS: Oklahoma State Statute Title 68 Section 3202 states the tax imposed by
Section 3201 shall not apply to:
1. Deeds recorded prior to the effective date of Sections 3201 through 3206 of this title;
2. Deeds which secure a debt or other obligation;
3. Deeds which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded;
4. Deeds between husband and wife, or parent and child, or any persons related within the second degree of consanguinity, without actual consideration therefore, Deeds between
any person and an express revocable trust created by such person or such person’s
spouse or deeds pursuant to which property is transferred from a person to a
partnership, limited liability company or corporation of which the transferor or the
transferor’s spouse, parent, child, or other person related within the second degree of
consanguinity to the transferor are the only owners of the partnership, limited liability
company or corporation. However, if the ownership of the partnership, limited liability
company or corporation is changed within one (1) year of the property transfer, the seller
shall immediately pay the amount of tax which would have been due had this exemption
not been granted;
5. Tax deeds;
6. Deeds of release of property which is security for a debt or other obligation;
7. Deeds executed by Indians in approval proceedings of the District Courts or by the Secretary of the Interior;
8. Deeds of Partition, unless, for consideration, some of the parties take shares greater in value than their undivided interests, in which event a tax attaches to each deed
conveying such greater share computed upon the consideration for the excess;
9. Deeds made pursuant to mergers of partnerships, limited liability companies or corporations;
10. Deeds made by a subsidiary corporation to its parent corporation for no consideration other than the cancellation or surrender of the subsidiary’s stock;
11. Deeds or instruments to which the State of Oklahoma or any of its instrumentality’s, agencies or subdivisions is a party, whether as Grantee or as Grantor or in any capacity;
12. Deeds or instruments to which the United States or any of its agencies or departments is a party, whether as Grantor or Grantee or in any other capacity, provided that this shall
not exempt transfers to or from National Banks or Federal Savings and Loan
Associations;
13. Any deed executed pursuant to a foreclosure proceeding in which the Grantee is the holder of a Mortgage on the property being foreclosed, or any deed executed pursuant
to a Power of Sale in which the Grantee is the party exercising such Power of Sale or
any deed executed in favor of the holder of a Mortgage on the property in consideration
for the release of the borrower from liability on the indebtedness secured by such
Mortgage except as to cash consideration paid; provided, however, the tax shall apply
to deeds in other foreclosure actions, unless otherwise herein above exempted, and
shall be paid by the purchaser in such foreclosure actions; or
14. Deeds and other instruments to which the Oklahoma Space Industry Development Authority or a Spaceport user, as defined in the Oklahoma Space Industry Development
Act, is a party.
NOTE: When submitting a deed that is exempt from Documentary Stamp Tax for
recording, the Statute reference exemption must be included on the face of the
document stating “No Documentary Stamp Tax Required pursuant to O.S. Title 68
Section 3202.(exemption number)”
IV. DISCLAIMER
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the State of Oklahoma. All information and Forms are subject to this Disclaimer:
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Quitclaim DeedPage 1 of 5
Property Address:
Mailing Address:
QUITCLAIM DEED
[Four Individuals to Four Individuals]
WITNESS THIS DEED MADE BY AND BETWEEN:
GRANTORS: ; ;
; and ; and
GRANTEES: ,
whose address is ;
, whose address is
;
, whose address is
; and
; whose address is
.
Grantors, in consideration of the sum of TEN AND NO/100 ($10.00) dollars, and other valuable
considerations, in hand paid, the receipt of which is hereby acknowledged, does quitclaim, grant,
bargain, sell and convey unto the Grantees, as joint tenants with the right of survivorship, the
Quitclaim DeedPage 2 of 5
following described real property and premises situate in County, State
of Oklahoma:
See Legal Description Attached as Exhibit A and incorporated by reference
Legal Description:
together with all the improvements thereon and the appurtenances thereunto belonging to the
same.
TO HAVE AND TO HOLD said described premises unto the said Grantee’s, Grantee’s
heirs and assigns forever.
IN WITNESS WHEREOF, the Grantors have signed and sealed this deed on the dates set
forth below.
(1st
Grantor’s Signature)
Print Name
STATE OF OKLAHOMA, County of __________________, SS. Before me, a Notary Public, in and for said County and State, on this ______ day of
__________________, 20______, personally appeared ________________________, to me
known to be the identical person(s), who executed the within and foregoing instrument, and
acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for
the purposes therein set forth. Given under my hand and seal the day and year last above written.
Quitclaim DeedPage 3 of 5
My Commission Expires:
Notary Public
Type or Print Name
(2 nd
Grantor’s Signature)
Print Name
STATE OF OKLAHOMA, County of __________________, SS. Before me, a Notary Public, in and for said County and State, on this ______ day of
__________________, 20______, personally appeared ________________________, to me
known to be the identical person(s), who executed the within and foregoing instrument, and
acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for
the purposes therein set forth. Given under my hand and seal the day and year last above written.
My Commission Expires:
Notary Public
Type or Print Name
(3rd Grantor’s Signature)
Print Name
STATE OF OKLAHOMA, County of __________________, SS. Before me, a Notary Public, in and for said County and State, on this ______ day of
__________________, 20______, personally appeared ________________________, to me
known to be the identical person(s), who executed the within and foregoing instrument, and
acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for
the purposes therein set forth. Given under my hand and seal the day and year last above written.
Quitclaim DeedPage 4 of 5
My Commission Expires:
Notary Public
Type or Print Name
(4th Grantor’s Signature)
Print Name
STATE OF OKLAHOMA, County of __________________, SS. Before me, a Notary Public, in and for said County and State, on this ______ day of
__________________, 20______, personally appeared ________________________, to me
known to be the identical person(s), who executed the within and foregoing instrument, and
acknowledged to me that he/she executed the same as his/her free and voluntary act and deed for
the purposes therein set forth. Given under my hand and seal the day and year last above written.
My Commission Expires:
Notary Public
Type or Print Name
WAIVER OF HOMESTEAD EXEMPTION
I, , spouse of the Grantor,
, am signing this waiver of
Homestead Exemption for the purpose of expressly releasing and waiving all rights under Article
XII, Section XII-2 of the Oklahoma Constitution regarding the above described property. I also
understand that I have no liability for any of the affirmative covenants in this Quitclaim Deed.
Signature
Print or Type Name
State of Oklahoma, County of , ss
Quitclaim DeedPage 5 of 5
Before me, a Notary Public in and for said County and State, on this day of
, 20 , personally appeared ,
to me known to be the identical person who executed the above WAIVER OF HOMESTEAD
EXEMPTION, and acknowledged to me that he executed the same as his free and voluntary act
and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Signature of Notary Public
My Commission expires:
Printed Name of Notary
WAIVER OF HOMESTEAD EXEMPTION
I, , spouse of the Grantor,
, am signing this waiver of
Homestead Exemption for the purpose of expressly releasing and waiving all rights under Article
XII, Section XII-2 of the Oklahoma Constitution regarding the above described property. I also
understand that I have no liability for any of the affirmative covenants in this Quitclaim Deed.
Signature
Print or Type Name
State of Oklahoma, County of , ss
Before me, a Notary Public in and for said County and State, on this day of
, 20 , personally appeared ,
to me known to be the identical person who executed the above WAIVER OF HOMESTEAD
EXEMPTION, and acknowledged to me that he executed the same as his free and voluntary act
and deed for the uses and purposes therein set forth. Given under my hand and seal the day and year last above written.
Signature of Notary Public
My Commission expires:
Printed Name of Notary
Quitclaim DeedExhibit A
EXHIBIT A
Grantors:
Grantees:
Legal Description: