JONES PROPERTY LAW

Oklahoma Probate and Estate Administration: A Legal Guide

Probate is the legal process of settling a deceased person’s estate under court supervision. This guide provides thorough information on Oklahoma’s probate procedures, explains legal requirements, and addresses common questions…

Oklahoma Mechanic’s Liens: File, Enforce, Release, or Contest

If you’re a contractor, subcontractor, supplier, or anyone else who has provided labor, materials, or services to improve a property in Oklahoma, it’s crucial to understand your legal rights to…

Can a landlord keep improvements in Oklahoma?

When the lease is over, a tenant is allowed to take any personal property (moveable) but generally must leave behind any fixtures (immovable). Even if the tenant installed a fixture,…

Rent Reduction for Tenant Repairs in Oklahoma

Can a tenant withhold rent for repairs performed by the tenant? As of November 1st, 2022, a residential tenant in Oklahoma can deduct up to one month’s rent for self-help…

What is Real Estate Tax? (Sale of Real Estate Tax and Property Tax)

Real estate tax usually refers to the local tax paid on the value of real estate each year, whereas the broader term “property tax” can encompass personal property taxes. The…

Oklahoma Eviction Laws: Commercial Properties

Searching “Oklahoma eviction laws” online will produce a wealth of results, but next to none will be relevant to commercial, as opposed to residential, evictions. We discussed residential eviction at…

Oklahoma Eviction Laws: Residential Properties

So you live in Oklahoma and you’ve got questions about eviction. Perhaps you have a shifty landlord and you want to make sure you know your rights, or perhaps you…

Is Wholesaling Real Estate Legal in Oklahoma?

Only some wholesaling activities are legal in Oklahoma. The Oklahoma Predatory Real Estate Wholesaler Act (the “Wholesaler Act”) prohibits many wholesaling activities by banning public marketing prior to closing. To…

Colorado Quiet Title Action

What is a Colorado quiet title action? In short, a quiet title suit is a legal tool used to fix problems with the title to real estate. Under Rule 105…

New Eviction Moratorium in Oklahoma – August 2021

The Centers for Disease Control (CDC) issued a new residential tenant eviction moratorium on Tuesday, August 3, 2021. The new CDC moratorium is scheduled to expire on October 3, 2021 – but…

Access or Rights Agreements and Easements Between Neighbors in Oklahoma

Do you have a water well that is shared by two or more neighboring properties? Or maybe you have an entryway or driveway that is shared by multiple lots. If…

Residential Leases and Evictions During COVID-19 (Guidelines for Landords)

The vast majority of residential leases, tenancies, and rental agreements have been affected by COVID-19. Many tenants have lost jobs or had their work hours cut, reducing or eliminating their…

What Does a Real Estate Attorney do for a Seller? (A Quick Explanation)

When representing a seller, a real estate attorney may draft or review the real estate contract, provide general advice, resolve title issues, negotiate transaction terms, and review closing paperwork. Sometimes,…

Real Estate Attorney Cost: How Much Are Real Estate Attorney Fees?

This article estimates real estate attorney cost based on multiple data sources, and it was compiled by a real estate attorney familiar with the industry. The below table summarizes some…

Quiet Title and Adverse Possession (Explained by a Real Estate Attorney)

Quiet title and adverse possession both involve the ownership of real estate. Often, a quiet title action is filed to confirm or disconfirm ownership based on adverse possession. This article…

The Quiet Title Process (Explained by a Real Estate Attorney)

The quiet title process involves four main steps. First, research property ownership and title issues. Second, draft a quiet title complaint or petition. Third, file and serve all quiet title…

Hunting Leases in Oklahoma: Why a Handshake Agreement is Dangerous (Legally)

Hunters and landowners are a natural pairing every fall in Oklahoma. If you’re a hunter, you need a place to hunt. And if you’re a landowner, you have what every…

Oklahoma Real Estate Purchase Contract (And How to Use It)

If you’re buying or selling a residential property in Oklahoma, you likely want a standard real estate contract form. It needs to be as fast and easy as possible, but…

Oklahoma Rent-to-Own Agreements: WARNINGS from a Local Attorney

As a real estate attorney, if I could name one transaction that causes more litigation and confusion than any other, it would probably be the rent-to-own agreement. I understand the allure. Rent-to-own transactions…

Title Issues for Oklahoma Tax Sale Properties: Quiet Title and Title Checks

Introduction Buying a property at an Oklahoma tax sale can be an exciting opportunity – properties often sell for a fraction of market value. However, tax auction buyers must heed…

Oklahoma Ancillary Probate: Purpose, Cost, Timeline, and Process

This article explains the purpose, cost, timeline, and process of an ancillary probate in Oklahoma. The purpose is transferring title to out-of-state property. The cost is generally $2,500 to $5,000.…

Can I do a quiet title myself? (Yes, but beware these pitfalls.)

Yes, you can do a quiet title yourself. Any party can represent themselves in a lawsuit, and a quiet title is a type of lawsuit. But, you should only attempt…

WHAT IS A TAX WARRANT IN OKLAHOMA? ANSWERED BY ATTORNEY.

What is a tax warrant in Oklahoma? A tax warrant equals a tax lien. Thankfully, a tax warrant differs from an arrest warrant. Unless you committed blatant tax fraud, you can…

Partition Action for Tenants In Common

This article explains the rules surrounding a partition action for tenants in common. When multiple individuals own the same property as tenants in common, the property typically qualifies for partition.…

Can siblings force the sale of inherited property?

Can siblings force the sale of inherited property? Yes, generally such property qualifies for a partition action. However, do not simply assume. Educate yourself with this detailed overview of forced sale…

What is a partition action? (Partition lawsuits explained)

A partition action forces the sale of jointly owned property and divides the sale proceeds. Less commonly, a partition divides the property itself, such that each co-owner receives a fractional…

Forced Sale of Jointly Owned Property (Partition Action)

When two or more people own the same property, one of the owners CAN force a sale of the jointly owned property via a partition action or lawsuit. If you…

QUIET TITLE TIME FRAME: HOW LONG DOES IT TAKE?

8-12 weeks is a typical quiet title time frame.  However, do not assume that your quiet title is a typical one!  There may be other factors at play. To accurately estimate your…

Before hiring a quiet title attorney, read this.

The last thing you need is an overpaid and ineffective quiet title attorney.  You want an attorney who specializes in solving your unique problem and does not overcharge you for…

PERSONAL RESIDENCE IN AN LLC – IMPACT ON CAPITAL GAINS TAX

IF YOU OWN YOUR PERSONAL RESIDENCE IN AN LLC, ARE YOU SUBJECT TO CAPITAL GAINS TAX? For privacy and liability reasons, some homeowners hold title to a personal residence in…

Can I Recover Attorney Fees in a Quiet Title Lawsuit?

Yes, but only in certain circumstances.   In most states, the winning party in a quiet title action can potentially recover attorney fees if the losing party wrongfully failed to correct the issue prior to…

How Much Does a Quiet Title Action Cost?

The cost of a quiet title action ranges from $1,500 to $5,000 for an uncontested lawsuit. Contested (or litigated) quiet title actions can cost much more. Cost mainly depends on the complexity of…

WHEN A RENTAL PROPERTY BURNS DOWN: INSURANCE, LIABILITY, AND LEGAL RIGHTS

You just learned that your rental or investment property burned down.  What are your legal rights?  What are your risks?  Can you collect on your insurance policy?  Will the tenant…

Understanding Oklahoma Quiet Title Actions

A quiet title action is a legal proceeding used to confirm or clarify the ownership of real estate. In simpler terms, it “quiets” any challenges or claims to the title of…

WHY YOU SHOULD (ALMOST) NEVER PUT REAL ESTATE INTO AN S-CORPORATION.

There is one tax rule that applies almost universally in the real estate industry: Never put real estate into a corporation (including S-corporations). Why not?  Once you put an appreciating…

HOW TO INCREASE PROPERTY VALUE WITHOUT LIFTING A HAMMER (LEGAL RENOVATION VS. PHYSICAL RENOVATION)

Like a physical renovation, a legal renovation can transform the market value of a property. A physical renovation removes surface level flaws that have scared away the ordinary consumer, thereby increasing the market value…