Disclaimer: This information is for educational purposes and does not constitute legal advice. Consult an attorney for advice on your situation.
Detailed Answer
In Oklahoma, co-owners of real property can seek a partition action under the Oklahoma Partition Act (12 O.S. §§ 1140–1160). A partition action lets the court divide physical property (partition in kind) or order a sale and divide proceeds (partition by sale). The following steps outline how to initiate or consent to such an action before a court-appointed commissioner.
1. Identify Eligible Parties
Any co-tenant, joint tenant, tenant in common, or person with an interest in the property may be a party. Mortgagees or lienholders with recorded interests must also be named. See 12 O.S. § 1141.
2. Draft and File the Petition
The petition must include:
- The legal description of the property;
- The names and addresses of all owners and interested parties;
- A clear statement of each party’s share;
- A request for partition in kind or by sale.
File in the district court where the property lies and pay the filing fee as set by statute.
3. Serve All Parties
After filing, the court issues a summons. You must personally serve each party or use permitted service methods. The response deadline is typically 20 days after service. Failure to respond may lead to a default judgment.
4. Court Hearing and Commissioner Appointment
At the initial hearing, the court reviews the petition and any objections. If the court orders a partition, it will appoint a disinterested commissioner to:
- Survey the property;
- Determine the feasibility of division;
- Prepare a written report and plat.
See 12 O.S. § 1146 for commissioner duties.
5. Commissioner’s Report and Objections
Once the commissioner files the report, the court sets a date to confirm or modify the plan. Parties may file written objections before the hearing. The court may amend the report or direct a sale instead of partition.
6. Final Decree and Distribution
After approval, the court issues a final decree. If the property sells, proceeds distribute according to each party’s interest. Costs and fees of the commissioner are paid from sale proceeds or as ordered by the court. See 12 O.S. §§ 1148–1149.
Helpful Hints
- Verify you’ve included every co-owner and lienholder to avoid default judgments.
- Provide an accurate legal description to prevent survey disputes.
- Consider mediation to settle differences before court.
- Hire a licensed surveyor to assist the commissioner’s work.
- Discuss tax consequences of a sale or conveyance with a tax professional.