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Oklahoma Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If my husband and I purchased a home while married, but he’s the only one on the mortgage and deed, do I have rights?

He has accepted an offer and signed a contract to sell without my consent. Can he actually sell it? Is the contract binding?

James Tack Jr
James Tack Jr answered on May 17, 2021

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

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: Yes i got a dui 1997 and one in 2002 ive done. Ever thing except pay reinstament fee witch i cant affored what do i do

Im 42 and never had a drivers lincense. They where supspeneded before i ever got them ive only had one ticket in 17 years

Andrea Worden
Andrea Worden answered on May 16, 2021

I'd call the Department of Public Safety Driver Compliance Division and ask whether they offer any options for payment.

1 Answer | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How long after a domestic abuse can I file charges if im not with the person anymore but still legally married ?
Pete David Louden
Pete David Louden answered on May 15, 2021

A crime should be reported as soon as possible to preserve the evidence.

1 Answer | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: My fiancé has a child with his ex she will not allow him to see the child or have visitation because of me

His ex will not allow visitation of their son due to her not liking me or the child he and I had together he hasn’t paid child support because of a job situation so she is now adding that to a the reason he can’t see their son they have done a paternity testing and proved he is the father. They... Read more »

Pete David Louden
Pete David Louden answered on May 11, 2021

He needs to hire an attorney to help him get a custody, support, and visitation order from the District Court.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Who is responsible for the taxes if the executor is deceased and the taxes come in estate and executor name.
James Tack Jr
James Tack Jr answered on May 10, 2021

The taxes are a liability of the estate not the executor. When a new executor is appointed, she would be responsible for paying the taxes, but they are not her individual liability.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If the executor of estate dies how can we get his name removed as the executor if there is no longer a lawyer on case

Attorney withdrew in 2010 and the family has never hired another lawyer and how to get a title or deed if executor is deceased

James Tack Jr
James Tack Jr answered on May 10, 2021

You should hire another attorney who can have another executor appointed and have the case concluded. Because this involves real estate, you will have to have a final decree in the estate for the heir/devisees or their assignees to get good title to the property. Unless there is a sale of the... Read more »

1 Answer | Asked in Real Estate Law, Probate and Small Claims for Oklahoma on
Q: Why can't lawyer tell me if my deceased friend left a Will. I am on all of his bank accounts.

I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... Read more »

James Tack Jr
James Tack Jr answered on May 10, 2021

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... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Our daughter was taken into Emergency custody on Dec 21 2020. We had an Adjudication hearing on May 4 2021.

We did have a court appointed attorney who wouldn't work with us. My husband works from 6am to after 4 Monday through Saturday. We tried to email her information and asked for conference calls and she refused. When we arrived at court the day of the the Adjudication hearing the attorney asked... Read more »

Pete David Louden
Pete David Louden answered on May 9, 2021

If the case was continued then you have time to hire an attorney to help you with the case. Meet with an attorney so they can review your case and once the attorney has a handle on what has happened they will be able to explain your options.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

1 Answer | Asked in Immigration Law for Oklahoma on
Q: I am a Permanent Resident, if i apply for unemployment will my Sponsor be affected in any way (have to pay anything,ect.

& will it affect me wanting to sponsor my mom when i become a citizen?

Agnes Jury
Agnes Jury answered on May 7, 2021

At this time Unemployment benefits are not considered public charge as they are considered to be earned benefits through the person’s employment so your sponsor will not have to repay those to the government. Hopefully this rule will not change before you apply to sponsor your mom. Best wishes!

1 Answer | Asked in Child Support for Oklahoma on
Q: How do I file indirect contempt in Oklahoma? My ex owes over $20 thousand dollars in child support.

Without an attorney. What paperwork do I need to file specifically.

Pete David Louden
Pete David Louden answered on May 6, 2021

Best place to start is schedule schedule consultations with an attorney in your area. The attorney will review your case and explain your options. If the other party is found guilty of indirect civil contempt they can be ordered to pay your attorney fees.

1 Answer | Asked in Family Law for Oklahoma on
Q: I have a VPO against my ex for domestic violence. We are currently going through informal mediation for child visits.

My brother is the mediator. We were court ordered to go through third party visitation. Can he quit? His name isnt on any paperwork and we never signed any agreements.

Pete David Louden
Pete David Louden answered on May 6, 2021

Did the court approve your brother to serve as mediator? Mediators usually have formal training so not sure how that is possible unless what you mean is he is a visitation supervisor.

Either way, sounds like you are in desperate need of an attorney.

3 Answers | Asked in Divorce for Oklahoma on
Q: Does Oklahoma have jurisdiction over Arkansas when it comes to filing for a divorce that took place in Arkansas?

I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... Read more »

Pete David Louden
Pete David Louden answered on May 6, 2021

This is a situation where free advice over the internet is not going to resolve this issue. My suggestion is take all of your documents to an attorney so they can review and give you an opinion and explain your options.

If there is a marriage and you are trying to get divorced you would...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: I’m having a kid, She’s putting her last name instead of mine. Any legal action I can do to change this?
Pete David Louden
Pete David Louden answered on May 5, 2021

If you are not married, she can choose any name that she wants.

If you want to establish any rights to the child you must be proactive and file a paternity action and then the court can enter a custody, visitation, and child support order. You can also address the name issue.

Best of luck!

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
Read more »

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What is the punishment for Malicious destruction to property

There was an incident at my house where my bests friends aunt wouldnt leave and she backed into my friends car, they broke out her windows then she gunned it out my driveway I ended up on the hood till the end of driveway. The sheriff arrested 3 of us and we sat in jail from Friday till Tuesday... Read more »

Jessica Brown
Jessica Brown answered on May 5, 2021

It sounds like a lot is going on there.

There can be civil remedies for destruction of property that you could, depending on the value of what this person damaged/destroyed, bring in Small Claims court. If it's more than $10,000.00, then you could file a CS or CJ action.

There...
Read more »

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Is it legal to drive my friends vehicle without him in the car if I'm not on the insurance?
Jessica Brown
Jessica Brown answered on May 5, 2021

It's a different question if it's "legal" versus if it's covered by his insurance. It's "legal" as long as you have your friend's permission to drive their vehicle.

However, their insurance policy's terms would determine if you were a...
Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I along with my sister and brother in law are purchasing a piece of real estate together. The Grantor

has the deed as B & C, husband and wife and D & E, husband and wife, collectively, the Grantee's. Is that correct?

James Tack Jr
James Tack Jr answered on May 4, 2021

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.

1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I purchased a piece of property in my name only but was married at the time and now I am selling it does my spouse have

to sign on the warranty deed when I sell it?

James Tack Jr
James Tack Jr answered on May 4, 2021

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... Read more »

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