An Oregon quitclaim deed transfers whatever interest the grantor holds in a piece of real estate to the grantee, with no promises about the quality of the title. To use one, you prepare a deed containing the information Oregon law requires, have the grantor’s signature acknowledged before a notary, and record the deed with the county clerk in the county where the property is located. The steps are straightforward, but the consequences for mortgages, taxes, and future title claims deserve a careful look before you sign.
What a Quitclaim Deed Does and When to Use One
A quitclaim deed passes along whatever ownership interest the grantor has at the moment they sign. Full ownership passes if the grantor owns outright; a partial interest passes if that’s all they hold; nothing passes if they have no interest at all. Unlike a warranty deed, a quitclaim comes with no guarantee that the title is clean.
Under Oregon law, the deed conveys only the interest the grantor holds on the date of signing. It does not reach any interest the grantor might acquire later. A grantee who takes property by quitclaim still keeps the ability to qualify as a good-faith purchaser for value if competing claims surface later.1Oregon State Legislature. Oregon Code 93.865 – Quitclaim Deed Form; Effect
These deeds work best where the parties know and trust each other. Common uses include transfers between spouses during a divorce, adding or removing a family member from title for estate planning, moving property into a living trust, or clearing up a minor defect in the chain of title. They are a poor fit for a traditional sale between strangers, where the buyer needs the protection a warranty deed provides.
What the Deed Must Contain
Oregon provides a statutory template, but you don’t have to copy it word for word. What matters is that the deed carries the required legal content.
Names and Addresses
Identify both grantor and grantee by full legal name, with a current mailing address for each. Match the grantor’s name exactly as it appears on the current title; name mismatches cause problems later.
Quitclaim Language
The deed must make clear that the grantor is transferring their interest without warranties. Oregon’s statutory form uses the phrase “releases and quitclaims to [grantee] all right, title and interest” in the described property.1Oregon State Legislature. Oregon Code 93.865 – Quitclaim Deed Form; Effect You can vary the wording, but the intent has to be unmistakable.
Legal Description
Include the full legal description of the property, not the street address. Pull it from the most recent recorded deed or the county assessor’s records, usually written as metes and bounds, lot and block, or a government survey reference. Copy it exactly. Small errors here create title problems that are expensive to fix.
Statement of Consideration
Every Oregon deed transferring real property must state the true and actual consideration paid, in dollars. For a gift or a transfer with no cash changing hands, you can state a nominal amount like “$10.00 and other valuable consideration,” but you have to note on the face of the deed that non-monetary value was part or all of the consideration. Without this statement, the county clerk won’t record the deed.2Oregon Public Law. Oregon Code ORS 93.030 – Contracts to Convey, Instruments of Conveyance and Related Memoranda to State Consideration
Consideration is defined broadly. It covers cash plus any mortgage, lien, or other debt the property remains subject to or that the grantee agrees to assume. A grantee taking property subject to a $200,000 mortgage should have that amount reflected as part of consideration.2Oregon Public Law. Oregon Code ORS 93.030 – Contracts to Convey, Instruments of Conveyance and Related Memoranda to State Consideration
Tax Statement Address
Oregon law asks the deed to say where property tax bills should be sent after the transfer, in substantially this form: “Until a change is requested, all tax statements shall be sent to the following address.” Leaving this out doesn’t invalidate the transfer, and a deed recorded without it is still valid.3Oregon Public Law. Oregon Code ORS 93.260 – Tax Statement Information Required in Conveyancing Instrument Include it anyway. It keeps future tax bills from going to the wrong address.
Formatting the Clerk Will Accept
The county clerk can reject a document that doesn’t meet Oregon’s formatting rules. Text must be typed, written, or printed in at least 10-point type, on paper no larger than 8.5 by 14 inches, of sufficient quality for photographic reproduction.4Oregon State Legislature. Oregon Revised Statutes Chapter 205 – County Clerks; Recording Officers Most people use standard letter-size paper.
The upper right corner of the first page needs to be left blank for the county recorder’s stamp. If the first page doesn’t meet requirements, the county will typically attach a cover sheet and charge extra for it. Leaving that stamp space clear avoids the fee.
Signing and Notarization
Only the grantor signs. The grantee is receiving the interest and doesn’t sign the deed. Oregon requires the grantor’s signature to be acknowledged before an authorized official: a notary public, a circuit judge, a county judge, or a justice of the peace. No seal from the grantor is required.5Oregon State Legislature. Oregon Code 93.410 – Execution and Acknowledgment of Deeds
A notary is the practical choice. The notary verifies the grantor’s identity and confirms the signature is voluntary. Without a proper acknowledgment, the clerk won’t record the deed. Bring a valid government-issued photo ID to the appointment.
Recording the Deed
File the signed and notarized deed with the county clerk in the county where the property sits. Recording creates a public record of the change and gives legal notice to anyone who might later claim an interest. Until the deed is recorded, it generally cannot protect the grantee against a competing claim from someone who didn’t know about the transfer.
Fees vary by county. Multnomah County charges $86 for the first page and $5 for each additional page. Deschutes County charges $97 for the first page and $5 for each additional page.6Multnomah County. Recording Fees7Deschutes County. Recording Fees Confirm the current fee with your county before submitting. Most quitclaim deeds run one or two pages, so total cost typically stays under $110.
You can submit in person or by mail. If mailing, include a self-addressed stamped envelope for the return. Some counties accept electronic submissions through approved e-recording vendors; Oregon law allows the clerk to record instruments submitted as electronic images or by electronic means when the submitter certifies that the document contains the required original signatures.8Oregon Public Law. ORS 93.804 – Requirement for Original Signatures for Recording; Recordation of Electronic Image of Instrument Ask your county clerk whether they participate.
Once recorded, the clerk assigns a recording number and the deed becomes part of the permanent public record. The original comes back by mail to the address in the “return to” line.
Transfer Taxes
Oregon does not impose a statewide real estate transfer tax. Washington County is the exception: it applies a local transfer tax to real property conveyances. If the property sits in Washington County and the transfer qualifies for an exemption, such as a family transfer for no consideration, you’ll need the appropriate exemption form filed with the deed. Contact Washington County Assessment and Taxation for the current rate and exemption requirements before recording.
Watch the Mortgage
A quitclaim deed transfers ownership of the property. It does not transfer the mortgage. If the grantor still owes on the property, that loan stays in the grantor’s name after the transfer unless the lender agrees otherwise. The grantee now owns property securing someone else’s debt, and the grantor remains personally liable for a loan tied to property they no longer own.
Most mortgages include a due-on-sale clause letting the lender demand full repayment when ownership changes. A family quitclaim isn’t a “sale” in the ordinary sense, but a lender could still try to invoke the clause. The federal Garn-St Germain Depository Institutions Act blocks lenders from enforcing due-on-sale clauses on residential property with fewer than five units in several common situations:
- Transfers to a spouse or child of the borrower
- Transfers to a spouse through a divorce decree, legal separation agreement, or property settlement
- Transfers into a living trust where the borrower stays a beneficiary and keeps occupancy rights
- Transfers by operation of law after the death of a joint tenant
If your transfer doesn’t fit one of these categories, talk to the lender before recording. A loan called due without warning can create a crisis for both parties.
Gift Tax and Cost Basis
Transferring property by quitclaim for less than fair market value is a gift for federal tax purposes. If the value of the gift to any single recipient exceeds $19,000 in 2026, the donor must file Form 709 (United States Gift and Generation-Skipping Transfer Tax Return), even if no tax is owed.10Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026 The lifetime gift and estate tax exemption for 2026 is $15,000,000, so most donors owe nothing, but the reporting requirement still applies.11Internal Revenue Service. What’s New – Estate and Gift Tax
Cost basis is the bigger issue for most families. When you receive property as a lifetime gift, you take the donor’s original basis. If a parent bought a house for $80,000 and gives it to a child when it’s worth $400,000, the child’s basis is $80,000. Selling later for $450,000 leaves capital gains tax owed on $370,000.12Office of the Law Revision Counsel. 26 U.S. Code 1015 – Basis of Property Acquired by Gifts and Transfers in Trust Property inherited at death gets a stepped-up basis equal to fair market value at that time, which is the opposite result. For appreciated property, the difference between gifting now and inheriting later can run into tens of thousands of dollars. Talk to a tax professional before using a quitclaim to move appreciated real estate.
Spousal transfers follow different rules. Property transferred between spouses, or to a former spouse as part of a divorce, generally qualifies for the marital deduction and is not a taxable event, though the receiving spouse still takes the original cost basis.12Office of the Law Revision Counsel. 26 U.S. Code 1015 – Basis of Property Acquired by Gifts and Transfers in Trust
Title Insurance After a Quitclaim
An existing owner’s title policy typically protects only the named insured, so a new grantee usually is not covered by the prior policy. Most title insurers won’t issue a new policy based on a quitclaim deed alone, because the deed itself makes no guarantees about the title. A grantee who wants title insurance will likely need a fresh title search and a new policy, and the title company may require a warranty deed or a thorough examination of the chain before agreeing to insure.
Some families skip title insurance to save money on a transfer between people who know the property’s history. That’s a calculated risk. If an unknown lien, easement, or ownership dispute surfaces later, the grantee has no title insurance claim and no warranty deed covenant to fall back on, and the cost of clearing the defect falls on them.