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Oklahoma Real Estate Law Questions & Answers
0 Answers | Asked in Civil Litigation, Family Law and Real Estate Law for Oklahoma on
Q: My veteran parents homestead acreage was in our family for 62 years .Me being the eldest disabled son.

Just found this out.How can I get my parents homestead acreage back? 11 The probate homestead originates by force of statute, § 311, supra, provides:

"Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any... View More

0 Answers | Asked in Real Estate Law, Family Law and Probate for Oklahoma on
Q: My parents property was homestead acreage for years .How can I recover this property if trustee sold it?

Just found this-" Upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other... View More

0 Answers | Asked in Real Estate Law for Oklahoma on
Q: I live in Checotah, Ok. Out of city limits. And our neighborhood covenant has not been enforced in over 15 years!

And due to my health, I am wanting to put up a little deceptive fence. To let my little dog go potty, also I can’t stand more then two minutes the fence would be 26x50x 4ft tall, and my father-in-law is causing issues. And our covenant has not been updated nor enforced. I need help with my laws.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: Can I buy a house and deed it in my name only if married in Oklahoma?

I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More

Anthony M. Avery
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answered on Feb 14, 2024

Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: I entered a contract for deed agreement to buy a house I put my mother's name on the contract in I need help
Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. At this point, you could repost and add "Real Estate" as a category. The Product Liability category is more about injuries from dangerous products. But it could be difficult to get meaningful guidance on... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How can I get my land transferred out of my deceased parents names and into mine with non-notarized quitclaim deed

I have land I paid for through my parents’ bank in their name because I did not have good enough credit to get the loan. I paid it off and my parents gave me the title deed to the land and a quitclaim deed they filled out but did not file it or anything, when I paid it off in 2021. My mother... View More

Anthony M. Avery
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answered on Jan 25, 2024

Intestate Succession may determine the heirs which own the property. Hire an attorney to search the title and determine heirship. An affidavit or a probate may be required. You will not be able to do this without a competent OK attorney, Hopefully a quiet title action will not be needed.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition,...
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2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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1 Answer | Asked in Real Estate Law, Contracts and Foreclosure for Oklahoma on
Q: What if a mortgage company withheld needed documents to save a home and stolen the property for personal gain
James L. Arrasmith
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answered on Nov 7, 2023

If a mortgage company is suspected of withholding documents to inappropriately obtain property, this could potentially be a serious legal matter involving allegations of fraud or other misconduct. Homeowners in such situations should promptly consult with an attorney who has experience in real... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: My mom's who haves past away house sold for back taxes I was not aware of it at the time I hade plans on retiring and mo

Moving in it I was not aware of it getting sold for back taxes haw can I get what is left after it sold it sold for only 13800 it was worth a lot more there's 80 000 left after sale haw do I redeem that

Richard Winblad
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Richard Winblad
answered on Oct 13, 2023

If the home was sold for back taxes you, as an heir, may be able to claim your share of the excess funds. This may require identifying the other heirs, if any. Due to the amount there may be the need for a probate case to clear things up.

This post is not legal, tax or investment advice....
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1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: yes i have an ex girlfriend that refuses to move out of my home here in oklahoma I am the only one on the title as owner

She has animals that are tearing my home up and is doing damage to certain things

Peter J. Weinman
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answered on Sep 7, 2023

Retain a local attorney to commence an eviction; that's the only way to get rid of a guest who refuses to leave.

If you need to locate an attorney, start your search here: www.Justia.com/Lawyers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Would a termination agreement between grantor and grantee void a special warranty deed in Oklahoma?
Anthony M. Avery
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answered on Jul 27, 2023

I have no idea what the termination agreement is about. But if a deed was executed and recorded, then the grantee still has the title that the grantor was able to give him. If a warranty deed, then the grantee may have got what the grantor got later. If the the grantor is trying to reassert... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: As the grantor on a special warranty deed, do i have the right to stop a sale by the grantee?
James Tack Jr
James Tack Jr
answered on Jul 27, 2023

Generally no. Unless you reserved such a right in the deed, you have no interest in the property once you signed and delivered the deed.

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: What rights do grantees have regarding a Warranty Deed in Oklahoma on undivided land?

If there are 3 grantees listed on a Warranty Deed in Oklahoma and one of the grantees obtains a loan against the property, would they need the permission/signatures of the other 2 grantees before doing anything with the property (undivided property)? And if the signatures were falsified, what legal... View More

Anthony M. Avery
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answered on Jul 14, 2023

If all 3 owners did not sign the loan, then it is very difficult for the lender to take the .property back in a foreclosure. If signatures were forged then the non borrowing owners can sue the lender and the other owner for fraud and to set aside the mortgage of record. The notaries can be... View More

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1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: My mother is living in assisted living and has appointed me as POA. It is durable general poa. Can I sell her home?

The poa under Powers of Attorney in Fact. states my power "include...to exercise...control & powers with respect to all of my property"

To sell, mortgage, or lease any and all real estate and interests in oil gas or other minerals, wheresoever situated, owned by me, and to... View More

Vincent Gallo
Vincent Gallo
answered on Jul 5, 2023

From what is stated, it appears that you have the authority to sell real estate.

1 Answer | Asked in Personal Injury and Real Estate Law for Oklahoma on
Q: AT&T through a contractor, damaged our property. Can I ask for compensation for negligence/inconvenience/delay in payme?

A contractor layed cable for ATT underground in our neighborhood. They bored a hole and placed their cable through my sewer. We had a very difficult time getting to the damaged area so the cost exceeded our expectations. Now the contractor is delaying payment for actual damages. Also, they are... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This sounds like a property damage case, why would there be arbitration? You are not suing ATT over services you contracted for them to provide? You are suing as a property owner for damages incurred by their negligence. This case arises under REAL PROPERTY DAMAGE/TRESSPASS law. You need to... View More

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... View More

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).

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