My Father and ex step mother own a property… can i buy his half without her consent?

UPDATED: Oct 1, 2022

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My Father and ex step mother own a property… can i buy his half without her consent?

He wants to sell she doesnt

Asked on August 31, 2018 under Real Estate Law, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

HOW they own the property will determine your Father's right to sell it to you, and how the property was divided during the marriage will as well.  The Settlement Agreement that they signed is a contract and the contract terms are actionable if one of the parties breaches the agreement.  So start there.  I will give you a cheat sheet for ownership in Oklahoma here.  Once you determine that ownership and the rights under the agreement you can look to it for your answer.  Understand that ownership as a married couple generally means that there is rights of survivorship on death.  Divorce affects that and the Agreement generally addresses it.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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