Oklahoma City, OK asked in Real Estate Law for Oklahoma

Q: I purchased a piece of property in my name only but was married at the time and now I am selling it does my spouse have

to sign on the warranty deed when I sell it?

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1 Lawyer Answer
James Tack Jr
James Tack Jr
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Yes. Oklahoma statutes provide that no deed affecting homestead is valid unless signed by both the husband and wife. The effect of this is that if you are married and want to sell real estate in Oklahoma that both spouses must sign since a title examiner can't determine from the record if the property is the homestead. The terms of the deed can be modified so the non-owning spouse does not warrant the property if that is your concern.

Richard Winblad agrees with this answer

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