My Father and ex step mother own a property… can i buy his half without her consent?
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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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 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.
http://pods.dasnr.okstate.edu/docushare/dsweb/Get/Document-2486/AGEC-784web.pdf
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