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Oklahoma Real Estate Law Questions & Answers
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

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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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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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.

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Breach of contract rent to own or similar type contract. Need help with many questions I have

Paid off house and land 25k was supposed to get deed upon payoff but seller stopped returning my calls and disappeared completely. Two months later house was transferred to new persons name and they are attempting to remove me. House previously owned by a married couple and I dealt with the... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to contact an attorney to get your answer because there are many different factors along with reporting and filing of deeds and other things. You "may" have a claim for a quiet title action, but you may not.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We are buying our house and the side yard is suppose to be part of the purchase.

Their are 2 lots i n one and now someone is selling off the other lot. Apparently the survey shows our lot not the other lot and the deed is only our lot, this was never mentioned and not sure if the owner of the trust new this not sure if they where aware and maybe assumed it was all being sold as... View More

Anthony M. Avery
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answered on Sep 6, 2024

Hire a competent OK attorney to file a Quiet Title Action, etc. now. You will probably claim you own it by Adverse Possession. Hopefully you have paid taxes on both lots. Otherwise you will lose that lot.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Public Benefits for Oklahoma on
Q: A deceased husband not living with wife. What is she entitled to ?
Timothy Carignan
Timothy Carignan
answered on Jun 12, 2024

If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.

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, 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 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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