Cherokee County Quitclaim Deed (Married Couple as Grantors) Form

This Oklahoma quitclaim deed is arranged for spouses conveying together: the grantor block names a married couple, Section 8 carries the couple's joint statement of marriage and homestead status, and the document closes with a signature block for each spouse and a notary certificate for each signature. Whatever the couple holds passes to the grantee with no warranty of title, on the statutory quitclaim pattern of 16 O.S. Sections 18 and 41.

A grantor block built around one marriage

Many deed forms treat multiple grantors as interchangeable names. This one does not: the grantors are identified as married to each other, and that identification does work throughout the document. It aligns the deed with Oklahoma's constitutional subscription rule for homestead property, it frames the homestead statement in Section 8, and it tells an examiner reading the record why exactly two signatures close the instrument. Spouses gifting the family home to an adult child, and a husband and wife releasing their interest in a disputed boundary strip to the neighboring owner, present the married-grantor pattern this deed recites.

Two subscriptions the constitution can count

Oklahoma's homestead protection reaches all the way into deed execution. Article XII, Section 2 of the Oklahoma Constitution, carried into 16 O.S. Section 4, makes a married couple's homestead conveyance valid only when both husband and wife subscribe the instrument. This form assumes that posture from its first line: both spouses appear in the grantor block, both sign, and the homestead statement sits on the face of the deed rather than in a side paper. Where the property conveyed is not the homestead, the paired signatures still deliver each spouse's own interest, so one recorded instrument moves everything the couple holds.

Quitclaim words, statutory effect

The operative sentence carries the words 16 O.S. Section 41 prescribes for the quitclaim pattern, do hereby quitclaim, grant, bargain, sell and convey, and leaves out the statutory warranty phrase, so under 16 O.S. Section 18 the deed passes all the right, title, and interest of both makers while none of the title covenants of 16 O.S. Section 19 arise. Recorded mortgages, easements, mineral interests, and restrictions ride through unchanged, and the deed's informational encumbrance section says on its face that a listing or omission there creates no warranty. Shoppers hunting a husband and wife quit claim deed, or a quick claim deed form for Oklahoma spouses, are searching for this instrument; the statutes spell it quitclaim.

The statements that clear the recording counter

Three face-of-the-deed statements carry this instrument through the county clerk's intake. Section 8 holds the marital and homestead statement. Section 9 states the documentary stamp posture under 68 O.S. Section 3201, tax at 75 cents per $500 where more than $100 of consideration changes hands, or the exemption ground, since the family patterns where spousal quitclaims appear frequently fall within 68 O.S. Section 3202. Section 10 addresses 60 O.S. Section 121, under which a covered deed reaches the record only with the incoming owner's notarized land ownership affidavit attached or an exemption stated on the deed's face. The pages themselves meet amended 19 O.S. Section 298, with 2 inch top margins on every page and 1 inch elsewhere, and each spouse's acknowledgment takes the 49 O.S. Section 119 short form, one certificate per signature, so the spouses may acknowledge on different days or before different officers.

The download includes the fillable PDF deed, a completed example working a Canadian County gift from parents to their adult daughter through every field, and a plain language guide covering the twelve sections, the homestead signature rule, and the recording steps. The materials describe Oklahoma law in general terms and are not legal advice.