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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My step grandfather died recently and his estranged niece changed the locks on his house locking me out.

I've lived with him the past 8 years. I'm the only family that was present in his life. He married my grandma when my dad was a child. His only blood relative is an estranged niece from his sister. He planned to leave everything to me so my kids and I wouldn't be kicked out but he... View More

Peter J. Weinman
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answered on Apr 13, 2023

Even if her right to the property is superior to yours, she had no right to lock you out of your home without due process and a court order. I would call the police (not 911).

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: My girlfriend owed $2,400 in rent plus court cost. Landlord offered her 500 to see naked. But he touched her. Paid $1000

She didn't welcome the touch. He then pushed her on the bed and tried to preform oral sex on her. She pushed him away. He then gave her a surprising $1000 instead of the $500. She was facing eviction that same day and it was dismissed. He again contacted her the next day telling her to come to... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2023

There is a fine line between “transactional sex” and prostitution. The landlord and your girlfriend may have crossed it.

I recommend that you ask your girlfriend move as soon as possible. If they did this once, they will likely do it again. You should not want her to go down that...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a Judge declare that a State Statute doesn't apply if an unauthorized occupant has been at a property 9 days or more

Oklahoma State Statutes: Title 41, section 111, Subsection G states that an occupant of a property without the landlords approval is a trespasser. Can a judge declare the law not applicipable because the occupant has been there 9 days or more?

Anthony M. Avery
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answered on Apr 5, 2023

Unless you plan on appealing a judgment, as a practical matter it is irrelevant to the owner/landlord. Hire an OK attorney to file a civil suit against the occupant for possession, what many people call an eviction.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Oklahoma on
Q: Can you claim ownership of a home you’ve been living in 17 years?

My grandmother has lived in her home since 2005-2006. There was never any written agreements for tenancy nor was the house sold to her. It was a verbal agreement between her and a friend that she was allowed to live there. Since, the owners have passed away and their daughter now owns the home.... View More

Charles Watts
Charles Watts
answered on Mar 28, 2023

Potentially has adverse possession claim, however if she was there with permission then that removes the adverse aspect. Contact a real estate attorney for your best advice.

1 Answer | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: How can I get my part off my inheritance of my sister's won't sell house my mom left us all? They are living in it.

My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... View More

Anthony M. Avery
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answered on Jan 20, 2023

If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: How do I obtain deed to my home if I never received it. I do have the abstract though
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: I need to sell my home with joint tenancy but I do not know how to contact my ex, how do I get him removed from deed?

We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: what is the statue of limitations on real property division after divorce, in the state of oklahoma?
Charles Watts
Charles Watts
answered on Oct 15, 2022

Property division should have been covered in your decree. Majority of property division is done prior to decree additionally there is normally a clause in the decree when one person does not transfer title, usually within 30 days, then the decree can be used to get the transfer complete without... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: There are 7 heirs for an estate, it's already been probated and all heirs get 1/7 of land each, so one of the heirs

Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)

Can she get in trouble for that or fined?

She didn't come to the family to ask permission to do this.

Anthony M. Avery
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answered on Sep 26, 2022

She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Charles Watts
Charles Watts
answered on Sep 10, 2022

Could be for property taxes. Those are yearly regardless of a mortgage or not.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What can be done if you find out a corner of your home is over the property line. Home built 15 or so years ago.

We have a contract to sell the property and the surveyor said part of home over property line. What can we do to be able to finalize sale?

Anthony M. Avery
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answered on Aug 31, 2022

You are not able to sell the home, as you will be sued for warranty breaches and unmerchantable title. Hire a real property attorney, not a title company, to search both Titles and attempt to get a Boundary Agreement with the adjoining owner. You may have to pay him for the encroachment. Record... View More

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Q: If I’m representing myself how do I respond to quiet title

So the lady about the house from died she had a guardian that’s trying to take me to court for the house and trying to quiet title I am representing myself I need to know how to respond to that quiet title

Anthony M. Avery
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answered on Aug 29, 2022

If you believe you have an ownership interest, and/or live there, you will have to hire an attorney. Quiet Title Actions are usually complex. To start with, have you even searched the Title?

1 Answer | Asked in Divorce, Personal Injury and Real Estate Law for Oklahoma on
Q: I got screw ultra big time by a realitor who sold my house to her investor buddy I have try to sue but have reverse dee

The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 12, 2022

Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.

It's time for you to move on and get over this.

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Q: Does electric company has 100% approval to clear cut the easement of trees if for 50 Years they have been trimming
Charles Watts
Charles Watts
answered on May 19, 2022

If they have a utility easement then yes they can clear the trees out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How does property pass from one generation to the next if there was originally no will?

My mother is 80 she has been taking care of her parents property with the help of me and my siblings for many years. Her father died in 1966 and mother in 1985. They died with no will in place. Since that time she has paid the property taxes and all upkeep. She had 4 siblings all deceased now. None... View More

James Tack Jr
James Tack Jr
answered on Feb 15, 2022

She should consult with an estate planning/ real property attorney. It is likely you will need to obtain deeds from the children of her siblings, file one or more probate cases, a quiet title suit or some other action to resolve the issues created by the length of time since her father's... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If 2 people share ownership of property can the 1 with the majority of ownership force the other to sale
Anthony M. Avery
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answered on Jan 28, 2022

Assuming there is sufficient equity and a certain title, any tenant in common can file an Action for a Sale For Partition.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm selling a house I own to my son. Do I still have to have the abstract brought up to date? I bought house 6 yrs ago.

Bought a house for son to live in while in school. I'm now selling him the house. Is there any reason to have abstract done again?

James Tack Jr
James Tack Jr
answered on Jan 23, 2022

Generally, the answer would be no. You should know everything that has happened to the title of the property. If he is borrowing money from a bank, they will require updated insurance.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Does every mortgage/lien on real estate or land require a deed of trust to be filed as well in the state of Oklahoma?
James Tack Jr
James Tack Jr
answered on Jan 23, 2022

A mortgage is sufficient to secure an indebtedness. Deeds of Trust are not used in Oklahoma. If there is one it is simply treated as a mortgage.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr
answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... View More

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