Deeds and Marriage in Oklahoma
Whether a spouse must sign a deed and related questions are frequent in my own practice and on Avvo. The Oklahoma Title Examination Standards Handbook makes it clear that one of three things regarding marital status must be in every deed to vest marketable title:
1. SingleIf the grantor/seller is single, they can just recite so in the deed. It will read something like: Joe Single, a single person, hereby grants, bargains, sells, and conveys to New Buyer all of Blackacre.
2. Spouse to SpouseA deed can recite it is a conveyance from a spouse to a spouse. It will read something like: Mary Wife, spouse of Billy Husband, hereby grants, bargains, sells, and conveys to Billy Husband, spouse of Mary Wife, all of the Prior Home.
3. Both Spouses SignIf a Grantor/Seller is married, the spouse must join in signing the deed. This includes even if the property is only owned by one / is separate property. It will read something like: Tom Husband and Suzy Wife, husband and wife, hereby grant, bargain, sell, and convey to New Buyer all of Whiteacre. Or: Tom Husband, joined by spouse Suzy Wife, hereby grant, bargain, sell, and convey to New Buyer all of Whiteacre.
Exceptions and NuanceThere are some exceptions and curative actions that can possibly be taken if one of the three items listed above does not take place. And there is some nuance between marketable title and a valid conveyance that can be examined. But making sure one of the three items listed above is in every deed can save attorneys and clients a lot of problems.