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we live in oklahoma city we are not sure what to do wondering if we can take care of things without flying there
answered on Mar 29, 2018
Unless he had a trust you will probably need probate in the state where he owned property. You may be able to take care of things,or most of them, from home if an attorney is used.
I understand that in Oklahoma we would have to file a lawsuit to foreclose. If a judgment is granted in our favor as sellers, does the property have to be sold at auction or does that give us the right to retake possession?
answered on Mar 26, 2018
You are correct. A Contract for Deed is actually treated as a deed to the purchaser and a mortgage back to the seller. Because it gives the purchaser an interest in land the mortgage (contract for deed balance) would have to be foreclosed and sold at sheriff's sale. If it sells for more... View More
but Grandmas estate still in probate. Can we divide or sell as joint tenants in divorce property in probate?
answered on Mar 9, 2018
I'm sorry I didn't see your question earlier. I hope by now it has been resolved. If not, please ask it again.
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The property was deeded to the 3 in 2012. The one paying the taxes lives on the property. She has paid the taxes for the last 7 years and has lived on the property for since 2007.
answered on Mar 1, 2018
Here are the options:
1. Seek contributions of the other's fair share of the taxes & expenses; but they may claim that the occupant owes them rent.
2. Buy out the others interest.
3. A partition could be an options the the pros and cons are too many to discuss here.
Expires 2052. Can I sell the land but keep the revenue from the current lease until 2052?
answered on Feb 26, 2018
Yes, it is possible to sell surface rights while retaining rights related to the wind lease/easement. However, the would require some special drafting in the contract and the deeds.
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
answered on Feb 12, 2018
Yes there are ways to make the property appear only in one spouse's name. There are good reasons for doing this or bad ones. It sounds like you are attempting to accomplish some form of asset protection. You should have an attorney advise you.
I take care of my eldest friend, who suffers with cancer. He wants to leave the house to where I take over the payments for the house for exactly what he owes for it. How?
answered on Jan 17, 2018
Sorry about your friend's issue. I'm assuming that your friend is not married. One way to accomplish this is with a Transfer on Death Deed. The property remains his until he passes. Once he does you have 9 months to file a claim form with a copy of his death certificate. This method... View More
I’m also being told that if I die without naming someone else on this Affadavit of Surviving Joint Tenant that the land will go to the state, which I can’t imagine. I have a will indicating that it would go to my 2 underage daughters. Thoughts?
answered on Jan 15, 2018
You can name your daughter as joint tenant, but it is probably not the best idea.
Once your daughter is on the title she as rights which will limit your ability to deal with the property. If you concern is that your daughtter's nherit the property once you are gone, you have several... View More
my wife was awarded the marital house in divorce the ex husband refuses to give it up. the deed is in her name alone.
answered on Jan 12, 2018
Easiest, cheapest, and fastest way is for her to go to the court clerk's office and file an eviction, called a forcible entry and detainer case against him in Small Claims Court. The court clerk will furnish the forms and answer her questions. She really won't need a lawyer, just... View More
I'm in oklahoma
answered on Jan 9, 2018
Yes. A joint tenancy can be severed. You don’t need a reason. This would not remove the other’s ownership interest. In other words both of you would own an interest A partition may be a better option.
She resides in other's are to supplement her income. She claims joint tenancy. Can she keep us from receiving the property left to us?
answered on Jan 9, 2018
Joint tenancy is not “claimed”. The titles to the properties needs to be examined as a starting point. You need to see an attorney.
answered on Jan 7, 2018
You are probably looking at probate. The estate might qualify for summary administration. Often these can be handled on a flat fee basis.
Buyers title company had set the date for closing on the 18th of Dec.
we found out the buyer had delayed approving the loan company to proceed from November 7th until December 7th. Once we realized the issue the 18th passed and she was in breach.
We signed 2 more extensions which... View More
answered on Jan 4, 2018
Not likely, most contractual terms do not survive the closing.
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.
How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.
answered on Dec 31, 2017
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal... View More
I am a registered sex offender and have told her and asked her repeatedly to not bring her kids around me but still does and has threatened me over it and she has moved in her boyfriend and neither paying me half of the bills and rent that was agreed upon. I want them out and don't know what to do.
answered on Dec 31, 2017
You can use the court to evict an individual on a verbal lease. This is done in small claims. See https://oklaw.org/issues/housing/landlord-and-tenant-problems?channel=know%2Dthe%2Dlaw&category=eviction
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.
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
My husband ( who was divorced) and his sister owned property jointly back in the 80s. The deed said if either of them died, the property would go to the children of the deceased person. Later he married me and we have lived together for 25 years. He never thought to change the wording of the deed.... View More
answered on Dec 19, 2017
This is great question but to answer it an attorney would need to see the deed and know other facts. For instance, did you occupy the property as your homestead? You might be entitled to a forced spousal share, or a marital homestead. If the property is valuable consult an attorney.
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