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A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
A lawful quitclaim deed includes the grantor's full name, mailing address, and marital status; the consideration paid for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property.
Signing Requirements § 16-4: The grantor's signature, acknowledged before a notary or specific officials, suffices for a valid quitclaim deed. No grantee signature or witness is required.
A quitclaim deed transfers the title of a property from one person to another, with little to no buyer protection. The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.
In Oklahoma, interest in real property can be transferred from one party to another by executing a quitclaim deed. Quitclaim deeds are statutory in Oklahoma under 16 O.S. Section 41, and they convey all the right, title, and interest of the grantor to and in the property (16 O.S. Section 18).
If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.
Oklahoma deeds require the following: Upon delivery of the signed and notarized deed to the grantee, the deed becomes effective and is a legally binding document. The deed must be recorded with the county register to notify all third parties that the grantor has released all claims to the property to another individual.