A. The husband or wife may convey, mortgage or make any contract relating to any real estate, other than the homestead, belonging to him or her, as the case may be, without being joined by the other in such conveyance, mortgage or contract.
B. In the event a recorded conveyance of nonhomestead property has been executed by a married grantor without being joined by his or her spouse, said conveyance shall still be considered a valid conveyance of marketable title if one of the following instruments is placed of record:
1. An affidavit executed by the nonjoining spouse stating that the property conveyed was nonhomestead property; or
2. A conveyance executed by the nonjoining spouse, with or without others, relinquishing any claim to an interest in the property to the same grantee, or to a successor or successors in interest, with a recitation that the property was nonhomestead property.
R.L.1910, § 1152. Amended by Laws 2019, c. 97, § 1, eff. Nov. 1, 2019.
Structure Oklahoma Statutes
§16-1. Persons who may convey - Married persons - Legal entities.
§16-5. Validation of conveyances.
§16-6. When husband or wife may convey homestead.
§16-8. Verified petition to be filed.
§16-9. Copy of petition to be served.
§16-9.1. Notice of sale - Orders.
§16-10. Order of sale to be entered of record.
§16-11. Estoppel by receiving benefits.
§16-11A. Constructive mortgage - Exemptions.
§16-12. Officers' deeds recorded.
§16-13. Conveyance of separate property.
§16-16. Instruments filed for record as constructive notice.
§16-16.1. Filing of special improvement district assessment in office of county clerk.
§16-18. Quitclaim conveys what.
§16-19. Warranty deed conveys what - Implied terms.
§16-20. Power of attorney - Execution - Recording.
§16-21. Revocation of power of attorney.
§16-22. Judgment for recovery of land - When effective against grantors.
§16-23. Notice of suit to grantor.
§16-24. Defense by warrantor - Recovery by warrantee.
§16-25. Failure to defend - Recovery.
§16-26. Acknowledgment before recording.
§16-27a. Instruments recorded for five (5) years valid notwithstanding defects - Evidence.
§16-28. Instruments to be printed or handwritten in English – Electronic filing.
§16-29. Fee simple - Exception.
§16-32. Minor may hold real estate - Estates to commence in future.
§16-33. Form of acknowledgment.
§16-35. Acknowledgment to be under seal - Before whom taken.
§16-36. Legalizing acknowledgments heretofore taken.
§16-37. Foreign acknowledgments legalized.
§16-37a. Foreign acknowledgments validated.
§16-37b. Foreign execution and acknowledgments validated - Exceptions.
§16-38. Acknowledgments before deputy clerk of district court validated.
§16-39. Justice of the Peace - Acknowledgments validated.
§16-39a. Record of deeds, mortgages, etc., where acknowledgment defective - Validation.
§16-40. Form of warranty deed.
§16-41. Form of quitclaim deed.
§16-42. Form of sheriff's deed.
§16-53. Recorded signed documents - Rebuttable presumptions.
§16-68. Abolition of doctrine of constructive possession.
§16-71. Marketable record title defined.
§16-72. Title subject to certain interests and defects.
§16-73. Claims prior to date of root title as null and void.
§16-75. Contents and recording of notice - Sham legal process.
§16-77. Operation of statutes of limitations or recording statutes unaffected.
§16-82. Recording of affidavit - Rebuttable presumption.
§16-83. Matters to which affidavit may relate.
§16-84. Description of land - Recording fee - Indexing.
§16-85. False statements - Penalties.
§16-86.3. Validity of electronic documents.
§16-86.4. Recording of documents.
§16-86.5. Administration and standards.
§16-86.6. Uniformity of application and construction.
§16-86.7. Relation to Electronic Signatures in Global and National Commerce Act.
§16-87. Recordation of electronic documents in tangible form.
§16-91. Corporations may convey by attorney.
§16-92. Instrument by corporation valid.
§16-93. Manner of execution by corporation.
§16-95. Acknowledgment by corporation - Form.