Oregon Quitclaim Deed Instructions

Step 1: Find the County Clerk for the County Where the Property Is Located

An Oregon deed is recorded with the county clerk for the county where the real estate is located, which need not be the county where you live. The Secretary of State keeps a list of the county clerks with each county's website, address, and phone number. The clerk's page says whether the office takes documents at the counter, by mail, or through electronic recording.

Recording is what protects the grantee. An unrecorded deed is void as against a later buyer who pays value in good faith and records first, and against that buyer's heirs and assigns. Recording in the county's deed records is what gives constructive notice of an interest in land. From the day the clerk records the deed, everyone who deals with the property afterward is treated as knowing about it. A quitclaim deed left in a drawer binds the grantor, but it does not protect the person it was given to against the grantor's later buyers or lenders.

Step 2: Set Up the Deed on Oregon's Statutory Quitclaim Form

Oregon prints a quitclaim deed form in its statutes, and the form is short. The grantor "releases and quitclaims to" the grantee "all right, title and interest in and to the following described real property." Then come the description, the land-use statement, the line "The true consideration for this conveyance is $_____," the date, and the signature. The statutory forms are permissive, not mandatory, so a deed in other words works too. But a deed in the statutory form has a defined effect. It conveys whatever title the grantor has on the date of the deed, passes nothing the grantor acquires later, and does not work as an estoppel. A grantee who takes by quitclaim is not, for that reason alone, denied the standing of a good-faith purchaser.

Label the deed "Quitclaim Deed" at the top, because the recording statute requires an instrument to be labeled clearly enough for the clerk to file it in the right record. The same statute lists what the first page must show. That is the name of the transaction, the names of the grantor and grantee, the name and mailing address the deed is to be returned to after recording, the true and actual consideration, and the tax-statement address. A deed whose first page lacks any of these can still be recorded under a cover sheet that carries the missing items. The person presenting the deed prepares the cover sheet; it is recorded as part of the deed and need not be signed or notarized.

Step 3: Fill In the Grantor, and Decide Which Spouse Signs

The grantor is the party giving up whatever interest they hold: a person, a married couple, a trustee, or a company. Give the full legal name exactly as it appears on the deed the grantor received, because the clerk indexes by name and a title examiner has to match the two. Where the grantor is a trust, the trustee signs as trustee; where it is a company, an officer signs with their title. A deed may be signed by an agent under a written power of attorney.

Oregon does not require the deed to state whether the grantor is married. Dower and curtesy, the old rights a husband or wife had in the other's land, are abolished, and the statute says a spouse has no interest in property the other spouse owns alone. So a spouse who is not on the title does not sign, and no statute requires the spouse to join. Where the couple holds the property together, each is an owner, and each signs as a grantor. Either spouse may deed to the other as freely as to a stranger, and a deed from one spouse to the other of an interest held by the entirety dissolves the entirety.

Step 4: Fill In the Grantee, and Say How Co-Owners Take Title

Name the grantee, the party taking the interest, by the full legal name that should appear on the next deed and on the tax roll. A trust takes title through its trustee, so write "Jane Doe, Trustee of the Doe Family Trust"; a company takes it under the exact name on its Secretary of State filing. Give the mailing address to which the recorded deed is to be returned, which the first page must carry.

Two or more grantees need one more phrase saying how they hold title, and Oregon's rule is unusual. A conveyance to two or more persons creates a tenancy in common, separate shares that pass by will or inheritance, unless it "clearly and expressly declares" that the grantees take with right of survivorship. Joint tenancy is abolished, except for trustees and personal representatives, so a deed that says only "as joint tenants" creates separate shares. What the survivorship words create is a tenancy in common for life with cross-contingent remainders in fee, which means the survivor takes the whole. A deed to two people married to each other creates a tenancy by the entirety unless it clearly says otherwise. A spouse may also create one by deeding an undivided half to the other with words showing that intent. So for survivorship between people who are not married to each other, write "not as tenants in common but with right of survivorship" after the names. For a married couple, the entirety comes without any words at all.

Step 5: Add the Legal Description and the Land-Use Statement

Copy the legal description word for word from the current deed. The recording statute allows a description by the government survey when the land follows survey lines, by lot, block, and addition, by partition plat and parcel number, or by metes and bounds. A street address is not a legal description. Add the assessor's map and tax lot number if the current deed shows it. Do not put a Social Security number on the deed; it becomes a public record.

Directly after the description, insert the land-use statement. Oregon law requires the body of every instrument transferring fee title to contain a statement in the Legislature's exact words. It begins "BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER" and a list of statutes. It goes on to say that the instrument does not allow use of the property in violation of land-use laws, and that the person acquiring title should check with the planning department. It runs to about 200 words and cites sections by number. Copy it from the statute, from the current deed if that deed carries the current version, or from a form built for Oregon. The clerk may not be sued for recording a deed without it, and the deed is not void for lacking it. But a grantee who would not have accepted the deed had the statement been there has a claim against the grantor.

Step 6: State the True and Actual Consideration

Every deed conveying fee title in Oregon must state on its face, in dollars, the true and actual consideration paid for the transfer. Consideration includes the cash and the amount of any mortgage or other debt against the property that the grantee takes subject to or agrees to pay. If part or all of what was given is something other than money, the deed need not value or describe it. It must note on its face that other property or value was part or the whole of the consideration. The statement may be made by the grantor or the grantee. If it sits in the body of the deed above the signatures, signing the deed certifies it is true; if it is a separate statement on the face of the deed, it is signed separately.

The statute does not say how to word a gift, beyond requiring a dollar figure. A deed given for nothing states the consideration as zero dollars, and if the grantee is taking over a loan, that loan balance is consideration and is stated. Leaving the statement out does not make the deed invalid, but the clerk may not accept the deed for recording without it. A transfer-on-death deed is not subject to this section.

Step 7: Say Where the Tax Statements Go

Every instrument prepared to convey fee title must carry on its face a statement in substantially these words: "Until a change is requested, all tax statements shall be sent to the following address." The address follows. This is the line the county uses to route the property tax bill, so give the grantee's address, or the address of whoever will pay the taxes. The statute says a deed recorded without the line is still validly recorded, and the conveyance is still good. But the first-page statute lists the tax-statement address among the items the first page must show, so a deed without it needs the cover sheet described in Step 2.

Step 8: Sign Before a Notary, in Person or Online

A deed executed in Oregon is signed by the grantors and acknowledged before a notary public or a judge. No seal is required, and no witnesses. The grantor appears in person before the notary and signs, or acknowledges a signature already made. The notary identifies the grantor by personal knowledge, by a passport, driver license, or other government photo identification that is current or expired within three years, or by a credible witness. The notary completes a certificate and applies the stamp. A deed signed in another state before that state's notary has the same effect as if an Oregon notary had taken it.

Oregon has allowed remote online notarization since 2020. A notary located in Oregon who has completed the Secretary of State's training, chosen an approved vendor, and notified the Secretary of State may take your acknowledgment by communication technology, meaning live audio and video. You may be anywhere in the United States, or abroad if the deed concerns property in the United States and the act is not prohibited where you are. The notary identifies you by personal knowledge, by a credible witness, or by at least two different types of identity proofing, records the session, and keeps the recording for ten years. The certificate must say the act used communication technology. The result is usually an electronic record, so ask the county clerk whether it accepts electronic recording before you book. The Secretary of State's remote online notarization page explains the process, and our Remote Online Notarization by State page compares the states.

Step 9: Check Whether the One Surviving County Transfer Tax Applies

Oregon has no state tax on deeds. Since 1997 state law has barred every city, county, and district from imposing a tax or fee on the transfer of real property, or one measured by the price. A recording fee is not a transfer tax. The ban left standing any transfer tax that was already in force on March 31, 1997, and one was. Washington County, west of Portland, charges a tax on the selling price of real property transferred there, and no other county or city in Oregon does.

If the property is in Washington County, the tax or a claim of exemption is due within fifteen days after recording, on the county's form. The county's exemptions include gifts, inheritances, transfers only to secure a debt, transfers between spouses under a court order in a divorce, and sales below a threshold the county sets. The county's own page carries the current rate, forms, and exemptions. Elsewhere in Oregon there is nothing to pay beyond the recording fee.

Step 10: Record the Deed and Pay the Fee

Take or mail the acknowledged deed to the county clerk for the county where the property is located, with the fee on the county's posted schedule. The statute sets the pieces: $5 for each page, plus three surcharges on every instrument that together add $71, plus a fee the county may adopt by ordinance for its Public Land Corner Preservation Fund. Because that last piece differs from county to county, the posted total for a one-page deed differs too, and the county's schedule is the figure to bring. The clerk records the deed and returns it to the name and address on the first page. Keep the recorded deed with the property's papers.

The paper standards are statewide. The text must be typed, written, or printed in type of at least 10 points, on paper no larger than legal size, of a quality that photographs well for the record. A deed that misses the paper standard or the first-page items is still recorded, but the clerk collects a $20 penalty in advance, on top of the fee. The paper standard does not apply to notarial acts done in another state. If your reason for the deed is to pass the property at your death, Oregon offers a transfer-on-death deed instead. It is recorded now, takes effect only when you die, needs neither the consideration statement nor the land-use statement, and changes nothing while you live. It is not a quitclaim deed.

Where do I record an Oregon quitclaim deed?

With the county clerk for the county where the real estate is located, whether or not you live there. The Secretary of State's list of county clerks gives each county's website and address. An unrecorded deed is void against a later good-faith buyer who pays value and records first, and recording is what gives constructive notice of your interest, so record promptly.

Does my spouse have to sign an Oregon quitclaim deed?

Only if your spouse is an owner. Oregon has abolished dower and curtesy, and a spouse has no interest in property the other spouse owns alone. So no statute requires a spouse who is not on the title to join the deed. Where both spouses are on the title, both are grantors and both sign. A deed between spouses is valid to the same extent as between other people, and a deed from one spouse to the other of an interest held by the entirety ends the entirety.

Is there a transfer tax on an Oregon quitclaim deed?

Not from the state, and not from any city or county except one. Since 1997 Oregon law has barred local governments from taxing the transfer of real property, leaving in place only a tax already in force on March 31, 1997. Washington County's tax on the selling price is the one that survived, and it exempts gifts, inheritances, and transfers between spouses under a divorce order, on a form filed within fifteen days of recording. Everywhere else the recording fee is the only charge.

What are the true consideration and land-use statements, and does a gift deed need them?

Yes, every deed conveying fee title needs both; only a transfer-on-death deed is excused. The consideration statement gives, in dollars, what was actually paid, counting any loan the grantee takes over, and notes if something other than money was given; the clerk may not accept a deed without it. The land-use statement is a passage of about 200 words that the Legislature wrote, telling both parties to check their rights and the property's lawful uses before signing. It goes in the body of the deed in the statute's exact words. A gift deed states the consideration as zero dollars and carries the land-use statement like any other deed.

How do two owners get survivorship on an Oregon deed?

By saying so clearly in the deed. A conveyance to two or more people creates a tenancy in common, separate shares with no survivorship, unless it clearly and expressly declares a right of survivorship. Oregon has abolished joint tenancy except for trustees and personal representatives, so "as joint tenants" by itself creates separate shares. Write "not as tenants in common but with right of survivorship" after the names. A deed to two people married to each other creates a tenancy by the entirety, which carries survivorship, unless the deed says otherwise.

Can I get an Oregon quitclaim deed notarized online?

Yes. Since 2020 a notary located in Oregon who has trained for it, chosen an approved vendor, and notified the Secretary of State may take an acknowledgment by live audio and video. The signer may be anywhere in the United States, or abroad if the deed concerns property in the United States. The notary identifies the signer by personal knowledge, a credible witness, or two types of identity proofing, records the session, keeps the recording ten years, and notes on the certificate that communication technology was used. Confirm that the county clerk accepts electronic recording before you book.

Where do I get an Oregon quitclaim deed form?

Oregon prints a quitclaim deed form in its statutes, and any form that follows it in substance gets the core wording right. A form written for no particular state fails in the pieces around it. It has no line for the true and actual consideration in dollars, no land-use statement in the Legislature's words, and no tax-statement line. Its survivorship wording may be "joint tenants," which in Oregon creates separate shares. If you would rather start from something built for this state, our Quitclaim Deed Help page lists prepared forms and deed preparation services.