In Oklahoma, title to real property can be transferred from one party to another by executing a special warranty deed. A special warranty deed conveys an interest in real property to the named grantee with limited warranties of title.

Special warranty deeds include covenants that the grantor holds title to the property and has good right to convey it; that the property is free from encumbrances that arose during the time that the grantor held title to the property (with the exception of any noted in the deed); and that the grantor will defend the title against anyone who may lawfully claim the same by, through, or under him or her. This warranty of title is more limited than that of a full warranty deed, which states that the grantor will defend the title against all claims, in addition to all of the previously noted covenants (16 O.S. Section 19). A special warranty deed only guarantees the title against claims that arose during the time the grantor held title to the property.

A lawful special warranty 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. Generally, real property is owned in either sole ownership or in co-ownership. For Oklahoma residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A conveyance of real estate to two or more persons creates a tenancy in common, unless otherwise specified. Only spouses can declare a tenancy by entirety (60 O.S. Section 74).

As with any conveyance of realty, a special warranty deed requires a complete legal description of the parcel. The legal description must provide the information necessary for indexing as required by Section 287 and 291 of Title 19 O.S. (addition, block & lot, section, township & range, and metes & bounds if necessary for the location). Verify the type of description required with the local county clerk's office. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.

A special warranty deed must meet all state and local standards for recorded instruments. Sign the deed in the presence of a notary public and record at the clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. When submitting a deed that is exempt from the Documentary Stamp Tax, cite the exemption claimed on the face of the deed. See 68 O.S. Section 3202 for a list of exemptions. For any questions regarding a transfer of property affecting Indian land, refer to the Bureau of Indian Affairs and contact a lawyer.

This article is provided for informational purposes only and is not a substitute for legal advice. Contact an attorney with questions about special warranty deeds, or for any other issues related to the transfer of real property in Oklahoma.

(Oklahoma SWD Package includes form, guidelines, and completed example)

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