Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Oklahoma for guidance on your specific situation.
Detailed Answer
Under the Oklahoma Partition Act (12 O.S. § 681), any co-owner of real property may request the district court to partition land when co-owners disagree. The court can divide the property physically or order its sale and distribute proceeds among owners.
Step 1: Identify co-owners and interests. Begin by reviewing deeds and title records to list all current owners and their ownership percentages. A precise legal description of the property is essential. You may need a recent survey.
Step 2: Explore voluntary partition. Oklahoma law encourages co-owners to reach an agreement outside court. A voluntary deed of partition can save time and costs.
Step 3: Prepare and file the petition. Draft a petition in the district court for the county where the land lies. Include:
- Names and addresses of all co-owners (defendants).
- Description of the property and ownership interests.
- Facts showing why partition is necessary.
- Prayer for relief—physical division or sale.
File the petition with the court clerk and pay the filing fee. Fees vary by county; contact the clerk’s office for current amounts.
Step 4: Serve notice on co-owners. Deliver a copy of the petition and a summons to each co-owner in accordance with the Oklahoma Rules for District Courts.
Step 5: Attend the court hearing. The court schedules a hearing. Present evidence of ownership, deeds, and any surveys. If the court finds partition equitable, it issues an order.
Step 6: Court order for division or sale. For physical division, the court ensures each co-owner receives a portion proportional to their interest. If division is impractical, the court orders a sale and distributes proceeds according to 12 O.S. § 688.
The entire process can take several months. Costs include filing fees, service fees, surveyor fees, and attorney fees.
Helpful Hints
- Gather accurate deeds before you start.
- Estimate court costs, including service and survey fees.
- Consider mediation to avoid a contested hearing.
- Verify the legal description with a licensed surveyor.
- Keep all parties informed of deadlines and court dates.