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Oklahoma Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Oklahoma on
Q: I want to escape joint real estate ownership with my sibling.

My parents died and left two parcels of farmland to me and my brother, 50/50, tenancy in common. My brother has mental health and substance abuse issues. He is also petty and passive aggressive. It is always up to me to pay the taxes, collect farm rent, and deal with any issues that come up with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

If you have true Tenancy in Common, you own your "interest" in the property. You have the right to transfer that interest to anyone you like, even without the permission of the other interest owners. You can even sell your interest to another person not related to you. However, if you... View More

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1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
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answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition,...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

I meant to mention, this is how it is generally handled in Oklahoma. Other states will differ.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

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1 Answer | Asked in Real Estate Law, Contracts and Foreclosure for Oklahoma on
Q: What if a mortgage company withheld needed documents to save a home and stolen the property for personal gain
James L. Arrasmith
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answered on Nov 7, 2023

If a mortgage company is suspected of withholding documents to inappropriately obtain property, this could potentially be a serious legal matter involving allegations of fraud or other misconduct. Homeowners in such situations should promptly consult with an attorney who has experience in real... View More

1 Answer | Asked in Real Estate Law, Collections and Municipal Law for Oklahoma on
Q: In Oklahoma does a county treasurer? Have to notify the owner before. the property is sold. At a tax auction
T. Augustus Claus
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answered on Sep 21, 2023

In Oklahoma, the county treasurer is generally required to notify the property owner before selling the property at a tax auction. This usually involves sending a written notice to the last known address of the property owner, as well as any other parties who may have a legal interest in the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Would a termination agreement between grantor and grantee void a special warranty deed in Oklahoma?
Anthony M. Avery
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answered on Jul 27, 2023

I have no idea what the termination agreement is about. But if a deed was executed and recorded, then the grantee still has the title that the grantor was able to give him. If a warranty deed, then the grantee may have got what the grantor got later. If the the grantor is trying to reassert... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is a QCD legal proof of purchase if not filed with county office.

I recently discovered that property I purchased and obtained QCD, but I never filed with county court office was sold again by same seller to another person and QCD filed exactly 1 month before mine was filed. Both QCD were filed but now seller claims ownership of property. What can I do about this... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

If you failed to file your deed then you will most likely not receive the land because the other person did and will be viewed as the new owner. The original seller coiso be subject to some legal action on your part for unjust enrichment or fraud but you will need to contact an attorney to get the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: someone (living in TX) not affiliated with property (in OK) gave easement to the electric company in OK. at the time m

my grandparents lived and owned the property. I think they purchased it in 1965 or earlier. The easement was given to the Oklahoma electric company (PSO) by someone that did not own the property and i can find no tie between that person and the property other than the fact that they gave PSO the... View More

Anthony M. Avery
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answered on Feb 20, 2023

Initially you must search the title as apparently you have no knowledge of the title. And I would also search under the alleged easement grantor's name to see if there is any record of him having an interest in your land. If nothing legitimate shows an easement granted, then a lawsuit is... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Road trip.

It is definitely time for you to come visit your dad.

There are clearly several matters which need to be addressed.

1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.

2....
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We purchased land that has a gas line through the middle of it that was not disclosed to us & has no easement recourse?

The pipe was installed in 71 by Phillips petroleum & was sold to a small local company with a rude owner who acted like it’s our problem not his.

Anthony M. Avery
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answered on Apr 16, 2024

If you got a warranty deed with no encumbrances, then a covenant breach has occurred. You might file suit against the grantor.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: Can I buy a house and deed it in my name only if married in Oklahoma?

I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More

Anthony M. Avery
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answered on Feb 14, 2024

Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: I entered a contract for deed agreement to buy a house I put my mother's name on the contract in I need help
Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. At this point, you could repost and add "Real Estate" as a category. The Product Liability category is more about injuries from dangerous products. But it could be difficult to get meaningful guidance on... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How can I get my land transferred out of my deceased parents names and into mine with non-notarized quitclaim deed

I have land I paid for through my parents’ bank in their name because I did not have good enough credit to get the loan. I paid it off and my parents gave me the title deed to the land and a quitclaim deed they filled out but did not file it or anything, when I paid it off in 2021. My mother... View More

Anthony M. Avery
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answered on Jan 25, 2024

Intestate Succession may determine the heirs which own the property. Hire an attorney to search the title and determine heirship. An affidavit or a probate may be required. You will not be able to do this without a competent OK attorney, Hopefully a quiet title action will not be needed.

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: My mom's who haves past away house sold for back taxes I was not aware of it at the time I hade plans on retiring and mo

Moving in it I was not aware of it getting sold for back taxes haw can I get what is left after it sold it sold for only 13800 it was worth a lot more there's 80 000 left after sale haw do I redeem that

Richard Winblad
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Richard Winblad
answered on Oct 13, 2023

If the home was sold for back taxes you, as an heir, may be able to claim your share of the excess funds. This may require identifying the other heirs, if any. Due to the amount there may be the need for a probate case to clear things up.

This post is not legal, tax or investment advice....
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: yes i have an ex girlfriend that refuses to move out of my home here in oklahoma I am the only one on the title as owner

She has animals that are tearing my home up and is doing damage to certain things

Peter J. Weinman
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answered on Sep 7, 2023

Retain a local attorney to commence an eviction; that's the only way to get rid of a guest who refuses to leave.

If you need to locate an attorney, start your search here: www.Justia.com/Lawyers

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: As the grantor on a special warranty deed, do i have the right to stop a sale by the grantee?
James Tack Jr
James Tack Jr
answered on Jul 27, 2023

Generally no. Unless you reserved such a right in the deed, you have no interest in the property once you signed and delivered the deed.

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