Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your situation.
Detailed Answer
In Oklahoma, a co-owner of real property can compel a forced sale through a partition action under Title 12 of the Oklahoma Statutes. The key provisions appear in 12 O.S. § 731–733. A partition action lets one or more co-owners ask the district court to divide or sell property when co-owners cannot agree on its use or division.
1. Initiating the Partition Action
The co-owner seeking sale files a petition in the district court of the county where the property lies, naming all co-owners as defendants. The petition should:
- Describe the property and each party’s interest.
- Allege irreconcilable disagreement among co-owners.
- Request partition in kind or, if impracticable, a sale and division of proceeds.
2. Service and Response
All co-owners must be served with the petition. They have 20 days to file an answer. If any co-owner cannot be located, service by publication may be allowed.
3. Court Determination: In Kind vs. Sale
Under 12 O.S. § 732 (Section 732), the court evaluates whether a physical division (partition in kind) is fair and practicable. If the property cannot be divided without prejudice to its value or if division would be inequitable, the court orders a sale.
4. Appointment of Commissioners
The court appoints three disinterested commissioners to survey, value, and, if sale is ordered, sell the property at public auction (12 O.S. § 733, Section 733). Commissioners must report back on division or sale results.
5. Distribution of Proceeds
After sale, the court directs the clerk to distribute net proceeds among co-owners according to their ownership interests, after deducting costs and expenses of the action.
Helpful Hints
- Gather all title documents and deeds before filing.
- Obtain a current appraisal to support your petition.
- Consider alternative dispute resolution to avoid court costs.
- Keep detailed records of improvements and expenses.
- Consult a real estate attorney to navigate procedural requirements and deadlines.