Types of Property Deeds and Ownership in Oklahoma

Types of Property Deeds and Ownership in Oklahoma

Our firm frequently advises clients on what type of deed is best for their real estate transaction. There are many options, and parties to a transaction can negotiate for a specific type of deed, if desired. 

You should carefully consider which deed is appropriate for your transfer of title. Each deed listed below comes with unique uses, rights, obligations, warranties, representations, and other features. Each state has different types of deeds that are common in their market. 

What does a deed do? 

A deed is a written document which transfers rights from one party to another. In Oklahoma, deeds are used to transfer title to real estate from a seller/grantor to a buyer/grantee. The seller/grantor can transfer just a few rights, or they can transfer all of their rights and interests in the property to the new owner.

Who signs a deed? 

The seller, also known as the grantor or transferor, signs the deed. If there are more than one co-owners of the property, all co-owners must sign the deed in order for it to affect the entire property ownership. If less than all co-owners sign the deed, it is possible for only some or none of the interest to be transferred as intended.

Common Types of Deeds in Oklahoma

Deed Type	Rights Transferred (Usually)	Warranties Given (Usually)	Features/Helpful Info
Quit Claim Deed	All	None	Commonly used without title insurance
Special Warranty Deed	All	Grantor warrants that they, themselves did not do anything to cloud title	Commonly used in commercial real estate transactions
General Warranty Deed	All	Grantor warrants that title is free of cloud or impermissible encumbrance	Used in almost every residential real estate transaction in Oklahoma, especially when using a real estate agent (OREC form contracts default to using a general warranty deed)
Oil, Gas, Mineral Deed	All, unless reservation present	None, unless using a warranty deed	Conveys mineral rights rather than surface rights (all other deeds on this list convey mineral rights unless reserved or previously conveyed)
Trustee’s Deed	All, unless reservation present	None, unless using a warranty deed	Used by trustee grantors, but trustees can still use most other types of deeds on this list to provide warranties if desired
Transfer on Death Deed (sometimes called a Lady Bird Deed)	All, but does not take effect until grantor dies	None, unless using a warranty deed	Less common in Oklahoma but still available for automatically transferring ownership upon grantor’s death
Deed with Life Estate	All, but grantor reserves the right to live on and use the property until they die	None, unless using a warranty deed	Most common for transfers to family members as an estate planning strategy

Common Types of Real Estate Ownership in Oklahoma

Ownership Type	Commonly Used By	Features/Helpful Info
Single Owner – Individual	Individuals for primary residence	Simple and effective ownership without any planning for the owner’s death
Single Owner – Trusts	Individuals, spouses, and families for primary residences or investment properties	Helps split legal ownership from beneficial ownership, can be helpful in guardianship situations, and is useful for preserving family/heritage properties for future generations
Single Owner – LLC	Individuals and investors for primary residences or investment properties	Helps provide limited legal liability
Multiple Owners – Tenancy in Common	Non-spouse co-owners, or co-owners that received their ownership interests at different times	Most common type of co-ownership for non-spouses or more than two owners
Multiple Owners – Joint Tenancy with Right of Survivorship	Spouses and families for primary residences	Most common type of co-ownership for spouses
Multiple Owners – Tenancy by the Entirety	Only available for married couples	Can be common for married spouses but does not allow involuntary partition

Oklahoma Deed Attorneys

Avenue Legal Group is knowledgeable and experienced in all types of real estate transactions and ownership structures throughout Oklahoma. Contact us by phone, text message, email, or our website to discuss your transaction, deed questions, or for help drafting or recording a deed.