Oregon Quitclaim Deed

Introduction

Key Things to Know

1. 1

   A quitclaim deed transfers only the interest you actually have. It passes whatever ownership you hold in the property to the grantee and makes no promise that the title is clear, or even that you own anything. A warranty deed, by contrast, guarantees the title, which is why a quitclaim (often typed quit claim deed) is used mainly between people who trust each other.

2. 2

   Record it with the county clerk. Under ORS 205.130 the county clerk, the county recording officer, records deeds; you record with the clerk of the county where the property lies. Recording matters because under ORS 93.640 an unrecorded deed is void against a later good-faith purchaser for value who records first.

3. 3

   Sign before a notary. Under ORS 93.410 an Oregon deed must be signed by the grantor and acknowledged (formally confirmed) before a notary public or another authorized officer to be recorded. No corporate or other seal is required.

4. 4

   No witnesses are required. Oregon does not require subscribing witnesses to execute a deed. The grantor's signature plus a notary acknowledgment is the operative formality, and that is the only thing needed to make the deed recordable.

5. 5

   State the true consideration; there is almost no transfer tax. ORS 93.030 requires the deed to state on its face the true and actual consideration (what was paid), in dollars. Oregon charges no statewide real estate transfer tax, and ORS 306.815 bars local governments from adding one. The lone grandfathered exception is Washington County, which taxes $1 per $1,000 of the selling price.

6. 6

   Oregon has an optional statutory form. ORS 93.865 supplies a statutory short-form quitclaim deed using the words releases and quitclaims, but ORS 93.870 makes the statutory deed forms permissive rather than mandatory, so other deed forms may be used. Whatever form you use, ORS 93.865(2) means the deed conveys only the grantor's present interest with no warranty and no after-acquired title.

7. 7

   No spousal signature is required. Oregon is not a community-property state and has abolished dower and curtesy (ORS 112.685), so a non-owner spouse does not have to join in a deed to property titled in the grantor's name alone. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.

Oregon Requirements for Quitclaim Deed

• Sign Before a Notary Public

  To record an Oregon quitclaim deed, the grantor must sign it and acknowledge it before a notary public or another officer authorized by ORS 93.410, such as a judge or justice of the peace. Acknowledgment is the notary confirming the grantor signed, and it is the predicate for recording. No corporate or other seal is required.

• No Witnesses Are Required

  Oregon does not require subscribing witnesses to execute a deed. ORS 93.410 calls only for the grantor's signature plus acknowledgment. ORS 93.440 allows proof by a subscribing witness only as an alternative way to prove a deed the grantor did not personally acknowledge, not as a signing requirement.

• Record With the County Clerk

  Record the signed, notarized deed with the county clerk, the county recording officer, in the county where the property lies (ORS 205.130). Recording matters because under ORS 93.640 an unrecorded conveyance is void against a later good-faith purchaser for value whose deed is first filed for record.

• State the True and Actual Consideration

  ORS 93.030 requires an Oregon deed to state on its face the true and actual consideration paid for the transfer, stated in dollars. If the consideration is or includes other property or value, the deed may note that other property or value was part or all of the consideration instead of stating a dollar amount.

• No Statewide Transfer Tax Except Washington County

  Oregon imposes no statewide real estate transfer tax, and ORS 306.815 bars cities and counties from adding one. The single grandfathered exception is Washington County, whose tax operative before the 1997 cutoff charges $1 per $1,000 of the selling price, with liability split between the buyer and the seller.

• Optional Statutory Quitclaim Form

  Oregon codifies a statutory short-form quitclaim deed at ORS 93.865, but ORS 93.870 makes the statutory deed forms permissive rather than mandatory, so other deed forms may be used. The statutory form uses the operative words releases and quitclaims and requires the consideration statement under ORS 93.030.

• Conveys Only Present Interest, No After-Acquired Title

  Under ORS 93.865(2) an Oregon quitclaim deed conveys only whatever title or interest the grantor has on the date of the deed. It does not pass any title the grantor later acquires and does not operate as an estoppel, so the grantee receives no warranty of title and takes only the interest the grantor actually held.

• No Spousal Joinder Required

  Oregon is not a community-property state and has abolished dower and curtesy (ORS 112.685). A non-owner spouse therefore does not have to join in a quitclaim deed of property titled in the grantor's name alone. Common quitclaim uses include divorce transfers, adding or removing a spouse, and moving a home into a living trust.