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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
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.
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
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
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?
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
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?
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.
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
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
The property taxes comes in all three names. (Their dad has since passed). The land was passed down to them.
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
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
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
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?
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.
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
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.
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
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.
dad did not leave will. my brother is named executor of will what do we have to do?
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
This is a special warranty deed, on a 40 acre piece of vacant land.
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.
I have not signed the contract yet
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
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?
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
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
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.
"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
answered on Oct 3, 2017
Sorry, your question is difficult to answer without more information. You should consult an attorney.
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.
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
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