Oregon Quitclaim Deed
An Oregon quitclaim deed (or quit claim deed) transfers your interest with no warranty. Notarize it, record with the county clerk, and pay no transfer tax.
Introduction
A quitclaim deed is a document that transfers whatever ownership interest you have in a piece of real estate to someone else, with no promise that your title is good or even that you own anything at all. That is the key difference from a warranty deed, which does promise clear title and lets the grantee sue if the title turns out to be flawed. A quitclaim simply passes along whatever interest you hold, so people use it for lower-risk transfers between people who already trust each other: adding or removing a spouse, moving a home into a living trust, or clearing up a possible claim on a title. In Oregon the person giving up the interest is the grantor and the person receiving it is the grantee. Oregon even codifies a statutory quitclaim short form at ORS 93.865, and ORS 93.865(2) confirms the deed conveys only the interest the grantor holds on the date of the deed, with no after-acquired title. To record the deed the grantor signs it and acknowledges it before a notary public under ORS 93.410, then records it with the county clerk of the county where the property lies (ORS 205.130). Oregon charges no statewide transfer tax. Attorney review is available as an option before you sign.
Key Things to Know
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Key decisions before you file
Before you file a Quitclaim Deed in Oregon, a few decisions shape the document: which option to choose and what each one means. The Quitclaim Deed guide walks through them.
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Oregon Requirements for Quitclaim Deed
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.
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 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.
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.
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.
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.
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.
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.
Frequently Asked Questions
A quitclaim deed is a deed that transfers whatever interest you have in Oregon real estate to someone else, without any warranty that the title is good. It is often typed as a quit claim deed. The purpose of a quitclaim is simply to pass along the interest you hold, if any. ORS 93.865(2) confirms it conveys only the title the grantor has on the date of the deed, and it makes no promise that you own the property or that the title is free of other claims.
The difference is the promise about title. An Oregon warranty deed guarantees that the grantor owns the property and that the title is clear, and the grantee can sue if that turns out to be false. A quitclaim deed makes no such promise. Under ORS 93.865(2) an Oregon quitclaim conveys only whatever interest the grantor holds on the date of the deed, does not pass any title the grantor later acquires, and does not operate as an estoppel.
Yes. Under ORS 93.410 an Oregon deed must be signed by the grantor and acknowledged before a notary public (or another authorized officer such as a judge or justice of the peace) to be recorded. Acknowledgment is the notary confirming the grantor signed. Without it the county clerk will not record the deed. No witnesses and no seal are required.
You record it with the county clerk, the county recording officer, in the county where the property is located (ORS 205.130). Take the signed, notarized deed to that clerk and pay the recording fee; many counties also allow e-recording through approved vendors. Recording gives public notice and, under ORS 93.640, protects the grantee against a later good-faith buyer who would otherwise record first.
Almost never. Oregon charges no statewide real estate transfer tax, and ORS 306.815 prohibits cities and counties from imposing one. The single grandfathered exception is Washington County, whose pre-1997 tax charges $1 per $1,000 of the selling price, split between buyer and seller. Everywhere else in Oregon you pay only the county clerk's recording fee, but you must still state the true consideration on the deed under ORS 93.030.
No. Filing your quitclaim deed with the county clerk under ORS 205.130 records the transfer of your ownership interest, but it does not reach the lender's mortgage lien. If your name is on the loan, you stay responsible for it even after you quitclaim your interest away. To be released from the mortgage you usually need the lender to refinance the loan or formally remove you from the note.
Yes, and it is common. One spouse can quitclaim their interest to the other to carry out a divorce settlement, or a couple can use one to add or remove a spouse from title. Because Oregon is not a community-property state and has abolished dower and curtesy (ORS 112.685), a non-owner spouse does not have to join in a deed to property titled in the other spouse's name alone.
No. Under ORS 93.865(2), Oregon's statutory quitclaim form conveys only whatever interest the grantor holds on the date of the deed, with no after-acquired title and no warranty that the title is clear, so it clears no liens or mortgages. Oregon applies a notice race-notice priority rule (ORS 93.640), meaning recording with the county clerk protects your place in line but does not cure hidden defects. Only a title search and title insurance give the protection a quitclaim cannot.