Oregon Quitclaim Deed: Requirements, Recording and Transfer Tax

An Oregon quitclaim deed passes whatever title or interest the grantor holds in the property on the date of the deed, with no promise that the title is good. ORS 93.865 supplies a statutory short form. The grantor signs it and acknowledges it before a notary public or another officer listed in ORS 93.410, and it is recorded with the county clerk of the county where the land lies (ORS 205.130), which protects the new owner against a later buyer. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon law on quitclaim deeds: ORS chapter 93 (conveyancing, acknowledgment, recording effect and transfer on death deeds), ORS chapter 205 (county clerk recording, format standards and fees), ORS 108.060 and 108.090 (property of spouses), ORS 306.815 (local transfer taxes), ORS 308.146 (maximum assessed value) and Oregon's senior and disabled property tax deferral, with Washington County's transfer tax and federal mortgage and gift-tax points where they affect a family transfer. It does not cover title insurance, a lender's own underwriting rules, county fees or programs beyond those named, or other states' laws.

What a quitclaim deed does in Oregon

Oregon names the quitclaim in two places. ORS 93.110 says: "A deed of quitclaim and release, of the form in common use, is sufficient to pass all the estate which the grantor could lawfully convey by a deed of bargain and sale." ORS 93.865 then gives a short statutory form, which uses the words "releases and quitclaims to" the grantee "all right, title and interest in and to the following described real property," followed by the description, the land-use statement required by ORS 93.040(1) and a statement of the true consideration.

ORS 93.870 makes the statutory forms optional, so a deed does not have to copy the ORS 93.865 wording word for word. Whatever form is used, the other requirements on this page still apply.

ORS 93.865(2) sets out what the statutory quitclaim does. It conveys "whatever title or interest, legal or equitable, the grantor may have in the described property at the date of the deed but shall not transfer any title or interest which the grantor may thereafter obtain nor shall it operate as an estoppel." Under ORS 93.865(3), taking under a quitclaim does not, merely for that reason, deny the grantee the status of a good-faith purchaser.

That is the key difference from Oregon's bargain and sale deed. Under ORS 93.860, a bargain and sale deed passes title the grantor acquires later and operates as an estoppel, though it also carries no covenants of title. For how deeds with title promises compare, see quitclaim vs. warranty deeds.

People use a quitclaim to add or remove a spouse, give a home to a child, move a home into their own trust, or clear up a title question after a divorce. Each of those has its own tax and mortgage points, covered below.

Oregon quitclaim deed requirements

ORS 93.410 states the core execution rule: "deeds executed within this state, of lands or any interest in lands therein, shall be signed by the grantors and shall be acknowledged before any judge of the Supreme Court, circuit judge, county judge, justice of the peace or notary public within the state. No seal of the grantor, corporate or otherwise, shall be required on the deed."

The Oregon sections cited here (ORS 93.010 to 93.050, 93.260, 93.410 and 205.232 to 205.236) contain no preparer-statement requirement, and Multnomah County's first-page list does not include one.

The statements an Oregon deed must carry

True consideration. A deed conveying fee title must state the true consideration in dollars. If the consideration is other property or value, the deed need only note that other property or value was given (ORS 93.030). ORS 93.030(5) says the deed "may not be accepted for recording by any county clerk or recording officer in this state unless the statement of consideration required by this section is included on the face of the instrument." Leaving it out does not invalidate the conveyance (ORS 93.030(3)), but a false statement is a Class A violation (ORS 93.990(1)).

Land-use notice. ORS 93.040(1) requires a notice in the body of an instrument transferring fee title. It tells the person transferring fee title to ask about their rights, if any, under ORS 195.300, 195.301 and 195.305 to 195.336, and includes the sentence "THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS." The full required text is long; read it in ORS chapter 93.

Tax-statement address. ORS 93.260 requires instruments conveying fee title to state the address where property tax statements should be sent until a change is requested. The statute adds that leaving it out "does not invalidate the conveyance and if an instrument is recorded without the statement required by this section, the recording is valid."

Format and first-page rules

ORS 205.232 calls for text "typed, written or printed in 10-point type or larger on paper that is not larger than 14 inches long and 8-1/2 inches wide," of a quality that can be recorded photographically. A deed that does not meet the standard is still recorded, but with a $20 penalty (ORS 205.327).

ORS 205.234 lists what the first page must show, including the names of the transactions (as described in ORS 205.236), the parties, the name and address the recorded deed goes back to, the true consideration and the tax-statement information. A cover sheet can supply items missing from the first page; Multnomah County, for example, publishes a recording cover page on its recording requirements page.

Oregon accepts electronic signatures for recording. The deed statutes provide that an "original signature" includes an electronic signature as defined in ORS 84.004, and a county clerk may record an electronic image or electronic submission if the presenter certifies that it contains the original signatures.

The statute prints only the short form in ORS 93.865; no state-agency quitclaim deed form is identified here. Your county clerk can explain local recording requirements, though clerks cannot give legal advice, and a lawyer licensed in Oregon can prepare the deed.

Does a spouse have to sign an Oregon quitclaim deed?

The Oregon statutes cited here do not require a spouse to sign a deed of a home owned by the other spouse alone. Oregon abolished dower and curtesy (ORS 112.685), and ORS 108.060 says: "When property is owned by either spouse in a marriage, the other spouse has no interest in that property that can be the subject of contract between the spouses." ORS 108.090(1) makes a conveyance between spouses valid as to other persons.

Oregon's homestead exemption (ORS 18.395: $150,000, or up to $300,000 combined for two household debtors) protects a home against judgment creditors. It does not, on its face, require a spouse to sign a deed.

That conclusion rests on the ORS chapter 18, 93, 108 and 112 sections cited here, not on every Oregon statute. A divorce judgment, title held by both spouses, or a lender's requirements can still call for both signatures. If the deed is part of a divorce, see our guide to Oregon divorce laws.

Recording a quitclaim deed with the county clerk

Record the deed with the county clerk of the county where the property is located. ORS 205.130 directs the county clerk to "Record, or cause to be recorded, in a legible and permanent manner, and keep in the office of the county clerk, all: (a) Deeds and mortgages of real property." Some counties organize the work differently: in Washington County, recording sits in the Department of Assessment and Taxation, Recording Division.

What recording does

Oregon's recording act is a race-notice statute. ORS 93.640(1) says a deed that "is not recorded as provided by law is void as against any subsequent purchaser in good faith and for a valuable consideration" of the same property whose own deed "is first filed for record."

ORS 93.010 describes a conveyance as signed, "acknowledged or proved, and recorded." Read with ORS 93.640, the consequence of not recording is the loss of priority to a later good-faith buyer who records first. Once recorded, the deed becomes part of the county's land records; see our guide to Oregon property records.

Recording fees

Most Oregon recording fees are set by state statute. ORS 205.320(1)(d)(A) charges "$5 for each page, but the minimum fee shall not be less than $5," and ORS 205.323(1) adds per-instrument charges of $1, $10 and $60. A deed with a non-standard first page also carries the $20 penalty under ORS 205.327.

ORS 203.148 also lets each county add its own Public Land Corner Preservation Fund fee for every recorded instrument, so totals differ by county. Multnomah County, for example, lists $86 for the first page of a deed and $5 for each additional page. Check the current schedule on your county clerk's website before you record.

E-recording

ORS 93.804 says that if an instrument eligible for recording "is presented for recording as an electronic image or by electronic means, a county clerk may record the instrument." Whether a county accepts e-recording, and through which vendors, is up to each county clerk.

Transfer tax on an Oregon quitclaim deed

The Oregon statutes cited here impose no state real estate transfer tax. ORS 306.815(1) generally bars local ones: "A city, county, district or other political subdivision or municipal corporation of this state shall not impose, by ordinance or other law, a tax or fee upon the transfer of a fee estate in real property."

ORS 306.815(4) carves out any tax whose ordinance was "in effect and operative on March 31, 1997." Washington County's transfer tax is the one identified here; the county's page does not cite ORS 306.815, so treating it as the grandfathered tax is an inference from the statute. Other counties or cities may also have kept a tax under that carve-out. The statute has other exceptions, including one in ORS 306.815(5) tied to the level of the state recording fees under ORS 205.323, so ask your county whether any local transfer tax applies.

Washington County transfer tax

Washington County charges $1 per $1,000 of the selling price, and its page says the tax reaches quitclaims: "'Transfer of real property' includes every sale, quitclaim, contract for sale, or other transfer of title to real property." The county says liability for the tax is between the purchaser and the seller.

Exemptions are not automatic. The county says: "You must pay the tax or file for an exemption within fifteen (15) days from the date of recording." The county's ordinance, as quoted on its exemption forms, says a transfer is taxed no matter what exemption is claimed if the application is not filed within 15 days, with a penalty equal to the tax or $50, whichever is greater, interest of 1.5% a month, and the selling price presumed to be at least the real market value. A written request can extend the deadline by 15 days, no more than twice. The county lists application forms by the exemption number in Washington County Code 3.04.030; those that fit common quitclaim situations are:

The J.14 exemption does not cover transfers by a natural person, and the J.16 gift exemption requires an irrevocable gift with the grantor giving up control, so it is unclear which form, if any, covers a deed into your own revocable living trust. Ask the Washington County Recording Division before recording. The full form list is on the county's transfer tax exemption page.

Property tax after an Oregon quitclaim

Oregon's maximum assessed value formula is built on the prior year's figures, not on a sale. ORS 308.146(1) says: "The maximum assessed value of property equals 103 percent of the property's assessed value from the prior year or 100 percent of the property's maximum assessed value from the prior year, whichever is greater." That subsection contains no change-of-ownership trigger.

That subsection is summarized here without the exceptions in the rest of ORS 308.146 or ORS 308.149 to 308.166, so ask the county assessor before relying on it for a particular property.

A transfer can make taxes deferred under Oregon's senior and disabled property tax deferral program come due. ORS 311.684 makes all deferred taxes, with interest, payable when the claimant dies, or when the property is sold, a contract to sell is made, or "some person other than the taxpayer who claimed the deferral, including a transferee, becomes the owner of the property." Eligibility also requires the claimant to own the fee simple under a recorded instrument (ORS 311.670(3)). A quitclaim of a deferred home to a child can therefore make the deferred taxes due.

Mortgages and quitclaim deeds

Oregon's deed statutes say nothing about the loan. ORS 93.865 passes only the grantor's title or interest, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax "applies to the transfer by gift of any type of property." For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable and says the donor is generally responsible for paying any gift tax. For a spouse who is not a U.S. citizen, the IRS sets a separate annual exclusion of $194,000 for 2026.

The IRS also says the recipient's basis in gifted property is generally the same as the donor's basis. Ask a tax professional before deeding a home as a gift; this page does not give tax advice.

Deed fraud protections in Oregon

No Oregon statute identified here creates a deed-fraud alert. Some counties, including Multnomah and Linn, run a free Property Recording Alert Service (PRAS) that emails subscribers when a recorded document contains a name they monitor. Multnomah County allows 10 names per email address and points victims to local police and the three credit bureaus; Linn County's similar free service emails the document number, date and time.

Multnomah County is direct about the limits: "While PRAS provides early notification, it is not a guarantee of protection against fraud, nor does it prevent documents from being recorded. The County Clerk's office does not have the authority to flag properties or determine the validity of submitted documents."

A 2026 bill would have gone further. SB 1552 would have required the county clerk to notify an owner when an instrument affecting title is presented for recording, unless a financial institution, insurer or attorney presented it. The legislature's site shows it still in the Senate Committee on Housing and Development after the 2026 session, so it is not law.

The FBI's Internet Crime Complaint Center has warned about impersonators using fictitious deeds to sell vacant land, and advises owners to check whether their county recording office offers a service that sends an email or text when a document is recorded in their name (IC3 PSA I-061626-PSA).

Transfer on death deeds and other alternatives

If the goal is to pass a home at death rather than now, Oregon has adopted the Uniform Real Property Transfer on Death Act (ORS 93.948 to 93.979). An individual may transfer property to designated beneficiaries effective at death (ORS 93.953). The transfer on death deed must contain the essentials of a recordable deed, state that the transfer occurs at death, name the beneficiary, and, under ORS 93.961, "be recorded before the transferor's death in the deed records in the office of the county clerk for the county in which the property is located."

The owner can revoke it (ORS 93.955), and it needs no notice to or acceptance by the beneficiary during the owner's life (ORS 93.963). The statute prints a form at ORS 93.975, and a transfer on death deed does not need the ORS 93.030 consideration statement (ORS 93.030(6)). For what happens when an owner dies without one, see our guide to Oregon probate.

If the new owner wants the grantor to stand behind the title, a quitclaim is the wrong tool; a deed with title promises is the usual alternative.

Common myths about Oregon quitclaim deeds

• "The deed is not valid until it is recorded." ORS 93.640(1) makes an unrecorded deed void against a later good-faith purchaser for value whose deed is recorded first. Recording protects priority; the clerk will still refuse the deed without the consideration statement (ORS 93.030(5)).
• "A quitclaim takes me off the mortgage." No. ORS 93.865 passes only the grantor's title or interest, and only the lender can release a borrower (12 CFR 191.5(b)(4)).
• "There is no tax on a gift deed in Oregon." True at the state level, where the statutes cited here impose no transfer tax. In Washington County, a gift avoids the county tax only if it meets the gift exemption's conditions (no consideration other than love and affection, no mortgage assumed by the grantee) and the exemption application is filed within 15 days of recording.
• "A quitclaim passes title the grantor gets later." Not the statutory quitclaim: ORS 93.865(2) says it does not transfer later-acquired title or operate as an estoppel.
• "A tax lot number is enough to describe the property." ORS 93.600 says a description by tax lot number is not adequate.

Related

• Quitclaim deed rules by state
• Oregon property records
• Quitclaim vs. warranty deeds
• Oregon divorce laws
• Oregon probate

This article provides general legal information about Oregon law on quitclaim deeds, verified on 2026-10-09. It is not legal or tax advice. For your situation, contact your county clerk (who cannot give legal advice), a legal aid office, or a lawyer licensed in Oregon.

Last updated: 2026-10-09.

Frequently Asked Questions

How do I file a quitclaim deed in Oregon?

The grantor signs the deed and acknowledges it before a notary public or another officer listed in ORS 93.410, with the true consideration statement (ORS 93.030), the ORS 93.040(1) land-use notice and the first-page items in ORS 205.234. Then record it with the county clerk of the county where the land lies (ORS 205.130).

Does a quitclaim deed need to be notarized in Oregon?

Yes. ORS 93.410 requires deeds executed in Oregon to be signed by the grantors and acknowledged before a Supreme Court judge, circuit judge, county judge, justice of the peace or notary public within the state. No seal is required, and the execution sections cited here contain no witness requirement.

How much does it cost to record a quitclaim deed in Oregon?

State statute sets the core fees: $5 per page with a $5 minimum (ORS 205.320), plus per-instrument charges of $1, $10 and $60 (ORS 205.323), and a $20 penalty if the first page does not meet the format standard (ORS 205.327). Counties may add a corner-preservation fee under ORS 203.148, so confirm the amount with your county clerk.

Do you pay transfer tax on a quitclaim deed in Oregon?

The Oregon statutes cited here impose no state transfer tax, and ORS 306.815 generally prohibits local transfer taxes, with exceptions. Washington County charges $1 per $1,000 of selling price on transfers including quitclaims, and a gift or court-ordered divorce transfer there is exempt only if it meets the exemption's conditions (a gift, for example, cannot involve the grantee taking over a mortgage) and the application is filed within 15 days of recording.

Does a quitclaim deed remove me from the mortgage?

No. ORS 93.865 passes only the grantor's title or interest and says nothing about the loan; under 12 CFR 191.5(b)(4), a lender releases a borrower only when the lender and the new owner agree in writing, before the transfer, that the new owner is obligated on the loan.

Does my spouse have to sign a quitclaim deed in Oregon?

The Oregon statutes cited here do not require a spouse to sign a deed of property the other spouse owns alone; ORS 108.060 says the other spouse has no interest in it that can be the subject of contract between the spouses. If both spouses hold title, or a divorce judgment or lender requires it, both may need to sign.

Will a quitclaim deed raise my Oregon property taxes?

ORS 308.146(1) bases maximum assessed value on the prior year's values and contains no change-of-ownership trigger, though the statute's exceptions are not covered here. A transfer that makes someone other than the claimant the owner does make taxes deferred under the senior and disabled deferral program, with interest, payable.

Is a quitclaim deed valid in Oregon if it is not recorded?

ORS 93.640(1) makes an unrecorded deed void against a later good-faith purchaser for value whose own deed is recorded first. Recording protects the new owner's priority against that kind of buyer.