Oklahoma Real Estate Deeds

A deed, mortgage, or other conveyance of real estate or interest in real estate in Oklahoma is not valid unless it is in writing and subscribed by the grantors. Further, no deed, mortgage, or contract affecting the homestead will be valid unless it is in writing and subscribed by both husband and wife, if both are living and not divorced or legally separated, except as otherwise provided by law (16-4). Real property in Oklahoma is defined as: land, that which is affixed to land, that which is incidental or appurtenant to land, and that which is immovable by law (60 5). Common forms for a conveyance of real property in Oklahoma include the warranty deed and quitclaim deed for execution by an individual, corporation, or other entity, with or without joint tenancy survivorship provisions. A quitclaim deed and a warranty deed are provided in the Oklahoma statutes (16 40) and may be altered as circumstances require.

Any U.S. resident of lawful age and any legal entity may own and transfer real property in Oklahoma. Any persons, of whatever age, who have been legally married to each other and who are otherwise qualified, may own and transfer real property acquired after the marriage (16-1). Real property can be conveyed by an individual, by husband and wife, or by two or more people claiming jointly. Real property rights in Oklahoma do not extend fully to aliens. An alien or any person who is not a citizen of the United States is not able to acquire title to or own land in Oklahoma (60 121). However, the alien land ownership restriction does not apply to those aliens who owned their lands in 1910, so long as they are held by the 1910 owners, and does not apply to any alien who is or shall take up any bona fide residence in the state. More so, any alien who is or will become a bona fide resident of the state will have the right to acquire and hold lands in Oklahoma upon the same terms as an Oklahoma resident during the continuance of such bona fide residence; however, if the resident alien ceases to be a bona fide resident, the person will have five years from the time they ceased to be a bona fide resident in which to alienate such lands (60 122). Any person or legal entity that is legally capable of owning property in Oklahoma may transfer, convey, or otherwise dispose of their property through the use of a real estate deed.

A real estate deed will not be valid unless it is in writing and subscribed by the grantors. A deed affecting the homestead must be signed by both husband and wife. In Oklahoma, a subscribing witness is not necessary to the validity of any deed, mortgage, lease, contract, bond, or any other instrument conveying, affecting, or relating to real estate located within the state (16 2). However, the grantor is required to sign the document and have his signature acknowledged. Every acknowledgment must be under seal of the officer taking the acknowledgment; and when taken in Oklahoma, it must be taken before any notary public, county clerk, clerk of the district or county court, or county judge (16 35). An instrument that has been recorded without being acknowledged will not be valid for any purpose (16 26).

An acknowledgment or recordation is not necessary to the validity of any deed, mortgage, or contract relating to real estate as far as concerns the parties to the instrument. However, no deed or other instrument relating to real estate and accompanied by actual possession will be valid against third persons unless the instrument is acknowledged and recorded as provided by statutory law (16 15). In order to give constructive notice of the contents of a real estate deed to subsequent purchasers, mortgagees, or creditors, the conveyance must be acknowledged or proved, and certified and recorded in the county where the property is located (16 16).