Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am co owner of property with my husband and his uncle. He is trying to force us to sell it , we have been served with

a petition to partition. If my husband and I don't want to sell, can he force us. We have right to survivorship in the state of Oklahoma

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 11, 2017

If your property is owned jointly the uncle has the right to partition. There are several strategies that you may want to use to either preserve the property or minimize your losses. You should visit with an attorney for suggestions.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: two sisters owned OK land and 75% mineral rights to that land. Both are now deceased. Each sister had 4 children. All 8

now own equally and are working together to sell property but keep 75% mineral rights. Other 25% of mineral rights are in an unrelated, deceased couple's name and, as far as we know, have no known (recorded) descendants. The couple's will allowed MR to go to current owners if they had no... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 11, 2017

This is more of a probate question.

It is likely that a probate is needed in order to get property into the names of the sisters' decedents. If the other couple were relatives, it is possible that the sisters' children may be entitled to that as well. You should visit with a...
View More

1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: I'm on a deed to a home I resided in with my ex, but not on the loan. Can I sell my share to a third party?

We built the home, I paid all initial closing and building overages. He changed the locks and I purchased another house. He doesn't want to pay me half the equity at the time I left. Am I able to list my share of the home as for sale to someone wanting to purchase my share of the home?

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

You say your "Ex" - is there a divorce decree? If so, it should provide what happens to the home. If you aren't legally divorced, you should immediately contact an attorney for help on this matter. But the bottom line is, if there are no terms in a decree to prohibit it, you can... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I have a house titled in my parents' names, both are deceased, went thru probate- can I sell as their rep ?

This is 3rd time I've submitted this question- just trying to determine if I have to get the title in my name in order to sell, & if so, how to do that?

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 11, 2017

If the final order distributed the property to you alone then you can sell it as your property. If the probate is not completed then you will need an order from the court. You should hire an attorney to assist you with this issue if it is more complicated that that.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma can a dowery spouse place a lein on homestead real estate to insure faimly inheriting?

We both bought the real estate together but I elected not to appear on title because at the time of purchase, there were the dowery laws still in force and I knew he couldn't sell without my signature. But now the law has changed and will I have to place a lein against this land to assure my... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 19, 2017

It appears that Oklahoma abolished "dowry & courtesy" laws in 1910. So I believe that you were misinformed. There are concepts of joint industry property, forced spousal share and spousal homestead that may provide you some protection. See a family law attorney if you are in a... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband has always paid property taxes on land he owns with his brother. Can we remove him?

The property taxes comes in all three names. (Their dad has since passed). The land was passed down to them.

Doak Willis
Doak Willis
answered on Nov 13, 2017

If title to the real estate is in both of their names, they would probably hold title as tenants in common if it came down through probate from their father. Since their names are both on the title to the real property, the only way to remove another owner would be through a partition action where... View More

1 Answer | Asked in Civil Litigation and Real Estate Law for Oklahoma on
Q: i gave a family member $9000 down on a home she wanted 15000 now she says she is selling it to someone else to get out

can she do that i was to pay the rest when i got the rest of my ssi backpay she says she will give me some money when she sells it i put 3000 in work for plumbing electrical paint etc what can i do we had no paperwork i just have phone messages

Doak Willis
Doak Willis
answered on Nov 13, 2017

Generally oral contracts for the sale or purchase of real property are not enforceable because of the statute of frauds which states those type contracts must be in writing. There are exceptions to this rule which are long and hard to explain in this type post. You need to seek an attorney now and... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can I sell a house titled to my parents (deceased) as their rep? Has been thru probate

I was buying the house from them when they died but deed is still in their name. Cleared probate, Can I sell as their representative or do I need to transfer title to my name?

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 21, 2017

That depends upon what the final decree says. You should consult an attorney because I can think many questions that I would want to ask.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I think my dad's family is trying to sell his land illegally, and I feel as his next of kin, the land should be mine.

In 2011, my dad signed a quitclaim deed over to his nephew, giving him a house and five acres in Oklahoma. The nephew never tried to sell the property, until a month after my father passed (July 2017). I didn't claim the land because I thought the quitclaim deed was legal. But, last weekend,... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 11, 2017

To answer this question a copy of the deed needs to be reviewed. Vesting full title in the nephew might depend upon the form used.

0 Answers | Asked in Real Estate Law, Civil Rights, Collections and Landlord - Tenant for Oklahoma on
Q: One of my roommates wanted to move in a male i didnt know I'm a female & felt uncomfortable. Can the landlord allow?

I moved in with two other female roommates in May of this year. In June the two got into a domestic fight where the cops were called and a report was written. One of the roommates turned in a 30-day written notice to terminate the lease. The rental company HomeWorxs told us we would have to find... View More

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Can I pay off contract for deed early
Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 23, 2017

Probably, one would have to take a look at the provisions of the contract. If you do so, make sure that the owner grants you a quit claim deed or a release of the contract for deed lien. Otherwise, it may remain as a title issue for years to come.

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: my dad died in colorado 2006. my mom died in 2017 and willed me land in oklahoma it is titled in mom and dads name.

dad did not leave will. my brother is named executor of will what do we have to do?

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 23, 2017

Sorry for your losses.

The first step is to figure our how the land was titled. In most counties deeds are available online either free or for a small fee.

In order to get the property in your name, an Oklahoma probate court must enter an order doing so. Unfortunately, this...
View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Oklahoma on
Q: If only husband is listed on a nonhomestead deed, does wife have to sign when husband is conveying deed to a grantee?

This is a special warranty deed, on a 40 acre piece of vacant land.

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 22, 2017

Technically no if it was inherited or property owned before the marriage. However, a title company or good attorney would want the spouse to join in the deed to remove any possibility of a homestead, joint industry, or other claim in the future.

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: selling my moms house AS IS, buyers contract say they have 10 days after closing to backout, is this normal in okla

I have not signed the contract yet

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 16, 2017

This does sound strange. Closing is when title is transferred and you are paid. Inspections should occur prior thereto. A buyer is usually allowed to back-out of closing if the property requires a certain dollar amount of repairs. I'd be very careful and have it reviewed by an attorney... View More

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: My wife was verbally willed a house by mother. The house is in mother and father's name. Now father is kicking us out.

We have witnesses over verbal will. My father in law gave power of attorney to my sister in law. Now she's kicking us out. Do we have any recourse? Do we have any ground to stand on?

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 3, 2017

Oral Wills: Are invalid. It does not matter how many times someone might have expressed their intention regarding how or to whom property is to be distributed; a person without a written Will or Trust is considered intestate. In Oklahoma, the only narrow exception is an impoverished soldier’s... View More

1 Answer | Asked in Real Estate Law and Construction Law for Oklahoma on
Q: How can we find out if a lien was filed on our property? If it's a false lien how can we get it removed?

We live in Garvin County, OK. a person graded our gravel driveway in lieu of pasture rent. But when the pasture lease was terminated at the end of the lease period, he said we owed him money for the grading. But according to the lease agreement, the grading was supposed to be done as needed in... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 3, 2017

Sorry for your problems,

You can search here to see if a lien was filed:

https://okcountyrecords.com/search/garvin#advanced-search

If there was contact an attorney about your options. Too many to explain here.

1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Oklahoma on
Q: My question is in;More information:

"How to answer the attached petition when served a summons as defendant( named the unknown heirs, Successors and assigns, immediate and remote of[ name of deceased] and[ name of person served], if living, and if she be deceased, then her unknown successors, heirs, and assigns, immediate and... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 3, 2017

Sorry, your question is difficult to answer without more information. You should consult an attorney.

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Q: Public nuisance codes in small town stonrwall,OK.74871
Richard Winblad
PREMIUM
Richard Winblad
answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.

1 Answer | Asked in Civil Rights and Real Estate Law for Oklahoma on
Q: How do I file a quiet title and is there a form I can get to fill out?
Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 25, 2017

Sorry you are having this issue. Unfortunately, a quiet title lawsuit tends to be very complicated. As a result, there is not a simple form to utilize. You should seek the advice of an attorney in the county (or nearby county) where the property is located. This is not something that can be... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I refinanced my house after 12 years. Can old lender charge a prepayment penalty in Oklahoma
Vincent Gallo
Vincent Gallo
answered on Sep 13, 2017

Your Note will provide you with that answer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.