Asked in Real Estate Law for Oklahoma

Q: if there are three names on deed yet two are husband and wife, do they hold the majority if property is sold?

in Oklahoma

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

A: It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their interest is by filing a partition action. In a partition action, depending on the nature of the property, it maybe partitioned in kind (each party getting a 100% of a portion of the property) or it may be sold and the proceeds distributed.

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