You will want to consult with an attorney in person with all the details. However, he can either sell you his portion or he can file an action for it to be sold if you cannot buy him out. However, generally he cannot simply sell it without you consent since you are also on the deed. However, you do... View More

First and foremost, ask yourself if this were a stranger would you do it. If not, then do not do it just because they are family by some degree. Contracts are there to help keep friends friends, family family, etc.... Without one, you are often inviting trouble upon yourself. If they have good... View More

There is no clear answer on "and/or" in a real estate title in Oklahoma. To pass good title, both John Doe and Sue Smith, and their spouses, if any, would have to sign a deed.

Utility easements are often written into the legal description of the land. Additionally, even if not, but they have record of the utility easement and that can be proven (which from my experience they usually have their information together before doing any work) - then yes they can without... View More

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... View More

If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would... View More

I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... View More

If the property is a homestead both spouses (unless divorced or legally separated) must sign a deed or it is void.

Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good... View More

It is if your want to own the property as tenants in common, that is each owning a 1/4 undivided interest. If you want to own the property as joint tenants, you would need additional language specifying exactly who are joint tenants with whom.

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... View More

It depends on the terms of the contract. Take it to an attorney to find out what it means .

You can file a partition action. It is a fairly easy procedure. That suit causes the land to be divided among the parties and if it can't be divided, it is sold and the proceeds are divided among the owners. Each owner has rights to purchase the property at the sale if they wish. Contact a... View More

There is not enough information here to answer. You don't say who sold the property and why. You don't say what monies you are having to pay back and to whom. You should assemble all of your documents related to this matter and consult with an attorney to determine what the issues are and... View More

Judgments can be liens on real property of the judgment debtor once they are filed of record. Generally, the lien lasts for 5 years but they can be extended for successive 5 year periods. You would have to consult with an attorney with all of your documents to determine if the judgment is still a... View More

There is no question here. However, in all likelihood, the answer to the question is that one would have to look at the language of the deed and the disclaimer to answer the question. You should consult with a real estate or probate attorney and provide them with the documents.

You don't say who is the grantor and grantee of the quit claim deed, which could affect the answer. You should determine where your mother's husband died and request a copy from the appropriate governmental agency. If he died in Oklahoma, it is the Oklahoma Department of Health. You... View More

It sounds like you need a more in depth consultation with these facts. So much of this depends on how long they've been using the driveway, if they have another way to access their property, etc. Property questions are tricky and fact intensive.

Neighbor disputes are the worst... View More

No. There is no legal requirement that a quit claim deed be prepared or filed by an attorney. However, people often do no complete even a statutory form correctly. Also, it is generally considered the unauthorized practice of law for someone who is not a party to the transaction to prepare it.... View More

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... View More