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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

Charles Watts
Charles Watts
answered on Feb 22, 2025

Get with your tribe, however, a lot of people want to claim McGirt changed this, however, it has been ruled and there is controlling law that it does NOT affect land ownership and therefore based on your limited facts, the city has not violated any rights to this point as it is a presumably valid... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Real Estate Law for Oklahoma on
Q: Family member sold my camper without permission, is it theft?

I allowed a family member to live in my camper to prevent them from being homeless. I discovered, through his wife, that he sold the camper without my permission over two weeks ago. The title is in my name, and I have not given any written or verbal permission to sell it. We have not spoken since,... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You should file a police report, this is theft / conversion. Additionally, you may be able to get the camper back depending on how the purchase was completed as you still have the title. However, depending on how long the property was at his house could also come into play for abandoned property... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: What happens when a property co owner passes and they have tenants, is the property available to be sold immediately?

Probate law for landlord and tenants

Property qualifications for title to be sold if a co-owner passes away

Charles Watts
Charles Watts
answered on Feb 4, 2025

If the owner is a co-owner then it depends on how the land was deeded. If the property was right of survivorship then the property shifts entirely to the other co-owner. If it was not right of survivorship then the co-owners 'portion' would have to go through probate (or distributed via... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

Anthony M. Avery
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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters rights even if house is in my name?

Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

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1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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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 Consumer Law, Real Estate Law and Civil Litigation for Oklahoma on
Q: Unlawful car impoundment and auction in Oklahoma with no notification.

I found out my car was auctioned when I contacted local tow companies after it was unlawfully impounded in Oklahoma without any notification. The towing company refused to provide me with information about the auction. Everything I owned was in the car, and I have not received any compensation or... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

Contact an attorney to help you with this. Tow companies very rarely 'unlawfully' impound a vehicle, and therefore you will have to first prove that as the first step. Then after you prove that, then your next course of action will then develop. All these steps are beyond this forum.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Oklahoma on
Q: I just found out my father died in 2018. I was never notified about it and I am His only son, that I know.

My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More

Charles Watts
Charles Watts
answered on Feb 22, 2025

You need to contact a probate attorney in your area to see if a probate was ever filed for your father and if so when and how was the property disposed of. You may be outside statute of limitations to protest it if there was a probate already finalized.

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: I have lived on a property for 2 years the deed holder is dead there are taxes due. What can i do to own it?
Anthony M. Avery
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answered on Jan 27, 2025

Hire an OK attorney to search the title, determine heirship, and prepare a deed for the heirs to execute. You will need to pay them money. Recording an Affidavit of Heirship would help.

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: Can I file for ownership of my home of 10 years, so I can repair the home?

Entered contract with Aunt-n-law of Rent to own on wife's granddad's home in Oklahoma.

She Moved to Oregon, have had no successful contact with her.

She broke contract first month by dropping insurance on the home.

We have paid property taxes for and lived here... View More

James L. Arrasmith
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answered on Jan 10, 2025

You may be able to claim ownership of the property through adverse possession laws in Oklahoma. Since you've lived in the home for 10 years, maintained it, and paid property taxes, this could strengthen your case significantly.

The first step would be gathering all documentation...
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2 Answers | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: What steps are needed to file deed on an abandoned property when all owners and heirs are deceased
Anthony M. Avery
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answered on Dec 30, 2024

Hire an OK attorney to search the title and determine heirship and taxes owed. Then you might want to offer certain heirs money for their quit claim deed to land.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If two people have equal interest in a parcel of undivided property and one passes away. Do the heirs get equal shares
Anthony M. Avery
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answered on Nov 12, 2024

Generally yes. But hire an OK attorney to search the title and determine heirship.

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: Need advise on determining basis on property gifted from g-parents to calculate capital gains

Is it true when one spouse passes away the assets/ property/land held in a marital trust are inherited by the surviving spouse and the property at this point receives a step up basis?

If I was gifted this property and I sale it, would this be the basis for calculating the capital gains?

James L. Arrasmith
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answered on Oct 31, 2024

When you receive property as a gift from your grandparents, the basis for calculating capital gains is typically the same as what your grandparents had in the property. This is known as a carryover basis. If the property's fair market value at the time of the gift is less than the original... View More

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters' rights even if house is in my name?

Five years ago, my grandmother "sold" me her house for $5 to get it out of her name and avoid probate if she were to pass because she wants me to have it. She's continued to live in it though I pay all property taxes, etc. Recently she's let my cousin's son who is 16 move... View More

Anthony M. Avery
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answered on Oct 9, 2024

Hire an OK attorney to determine potential heirs. Those actual heirs have a right to occupy the premises, and sue for possession from anybody else.

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