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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a town official come onto personal property to find or document code violations if there are no trespassing signs?

Our property in the town of Hulbert has 8” grass and a concrete slab. The city says they will hire contractors to clean up at our expense. They went onto our property without permission and took photos of the premises.

Anthony M. Avery
Anthony M. Avery answered on Jul 31, 2020

Yes... The Government can clean it up, send you a bill, then file a lien if you do not pay it. They can also execute the lien or condemn the property, and then take it. You may be able to appeal the Codes decision, but you will probably lose.

2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does my spouse have to sign a warranty deed in OK for land that was inherited?

My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »

Richard Winblad
Richard Winblad answered on Jul 9, 2020

Great question:

The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right...
Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: In OK, we close on a home Friday. I just lost my job. Can we back out without getting sued or losing escrow deposit?

In Oklahoma, we close on a home purchase this Friday. Financing is approved but I just lost my job yesterday afternoon. Can we back out of the purchase without getting sued for 5% of the home value or losing escrow deposit?

Vincent Gallo
Vincent Gallo answered on Jul 9, 2020

That will depend upon how your contract so reads.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can you legally quit claim real estate to someone not on the title deed in Oklahoma?
Matt Fleischer
Matt Fleischer answered on Jul 8, 2020

You can quitclaim any interest you might own in a piece of property to anyone you choose. Whether the quitclaim deed actually conveys an interest in the property depends on whether you actually owned an interest in the property at the time. You'll also want to be careful that you don't... Read more »

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My Wife and I are in our 70’s we owe 50.000 on a house worth 100.000 we want our son to have the house, What to do ?

We also have a Daughter, but want the son to have the house,

Matt Fleischer
Matt Fleischer answered on Jun 23, 2020

You have numerous options:

1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate....
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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: What are my rights on my family property, my dad passed suddenly from heart failure. No will.

The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 9, 2020

If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: im trying to find a simple vacant land purchase agreement form with no broker involved and i am paying cash

no broker involved paying down payment with balance due at closing

Ben F Meek III
Ben F Meek III answered on Jun 6, 2020

You might try the Oklahoma Real Estate Commission website. They have some free forms there.

2 Answers | Asked in Bankruptcy, Real Estate Law, Banking and Civil Litigation for Oklahoma on
Q: I have a judgment from five years ago that has not been renewed.

I am now trying to get a mortgage and the mortgage Companies underwriters want proof that this judgment is no longer collectible or enforceable. Would I need a lawyer to get that proof or is there any way to get proof that the judgment is no longer collectible?

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a lawyer. You shouldn’t for something like this, but unfortunately you do.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be recorded as part of a transfer on death deed
Anthony M. Avery
Anthony M. Avery answered on May 6, 2020

Not sure of your question. But Life Estates, Remainders and Reversions can constitute the estate conveyances in any type of Deed. The Life Estate can and often does vest in possession when someone such as the grantor dies. I do not recommend you attempt to draft such an instrument. Instead... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Matt Fleischer
Matt Fleischer answered on May 5, 2020

Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Purchased a home with boyfriend, have quick claim deed, never filed with county. How can I get him off it? He moved

Need to get ex boyfriend off quick claim deed. He lives in another state now and has nothing here. No mortgage, house is free and clear. Never filed with the county clerk here in Oklahoma. How can I get the property in just my name

Anthony M. Avery
Anthony M. Avery answered on Apr 14, 2020

You potentially have two easy solutions: get a quit-claim deed from the original grantor to you only and record it (best); or get the boyfriend to quit-claim his tenant in common interest to you only, then record both deeds in their chronological order. Otherwise you are left with adverse... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Oklahoma on
Q: My mother passed in January, she was single and I'm her only child but there's no will stating who gets the house. What

Do I do? Or have to do to get my Mother's house?

Matt Fleischer
Matt Fleischer answered on Mar 28, 2020

I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: My grandmother died in 1985 with no will but she made her wishes known to each of her 7 kids. Her grandchildren and even

her adult great children knew her wishes were for one of her daughters and her son in law (my mother and father) to have her house. The iems in the house went amicably to whoever wanted what. My parents lived in the house several times over the years and always kept the real estate taxes current.... Read more »

Matt Fleischer
Matt Fleischer answered on Mar 24, 2020

Probate will likely be necessary, but it should be cheap and quick. On the other hand, if the lot is the only property left in your grandmother's name and all of your grandmother's heirs agree to deed any right they may have in the property to your mother, you can likely avoid probate... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Working with ODOT on purchase of surplus land Highway Easement. They have B S ed now 18 Months..... frustrating

.62 Acre just off Kerr Lab Road Survey info but no visit and Appraisal asking $12,259. Oh I paid the owner $20. k back in 03 2018 (quick claim deed) 71 years old have made about $50. k improvements. What a challenge. Do not know how to use a firearm. Need to make decision by 29 or up for State... Read more »

Richard Winblad
Richard Winblad answered on Feb 27, 2020

It sounds as though you are confused by the process. If the state (ODOT) cannot negotiate an easement they will resort to eminent domain. Still you have statutory and constitutional protections.

You don't need a gun, you need an attorney.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: is there a time limit to record a deed

I had bought some property about 5 years ago in I never recorded

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2020

Generally there is no time requirement to record a deed. But waiting 5 yrs. will allow numerous types of deeds, liens, judgments, etc., to be filed in that County and take precedence, or even the entire property from you.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Brother trying to probate estate my mom left me

My mother passed away in 2016 prior to mother passing she put me on the deed. My mother had wishes to keep the land and allow any of the children to live there which we have done. there is nothing documented it just something my mother wanted. My brother is saying he is going to have the land... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property.

If your mother...
Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: My Mother died and left her condo to her 6 children. Several children have died. How do we sell the Condo?

My sister lived in the condo for several years and has died with no children and no will.

Some of the other siblings had children that we are unable to locate. How do we get out from under this condo because it’s not worth much and is costing us money for HOA and taxes?

Doak Willis
Doak Willis answered on Jan 8, 2020

A probate of your mothers estate must be filed and finished to clear up the ownership interests in order to dispose of the property.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My friend had passed away and left me a piece of property her son sold her house next to the property and just gave the

Her son just gave the new owners that lot that was mine what do I do about it

Doak Willis
Doak Willis answered on Jan 8, 2020

Did your friend give you a deed to the property you say he/she left to you? If not, you don't own the lot.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

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