Oklahoma § 12-1517

§ 12-1517.

Sale of property that cannot be partitioned - Procedure.

Oklahoma Statutes - Title 12. Civil Procedure

A. In addition to other provisions of law, if, upon the filing

of the commissioners' report, it appears that the property cannot be

partitioned in kind and the value of the property does not exceed

Five Thousand Dollars ($5,000.00), the court may forthwith dispense

with further regular partition proceedings and make an order

directing the sheriff of the county to sell the property, in the

same manner, as in sales of real estate on execution at not less

than two-thirds (2/3) of the appraised value.

B. In addition to the notice required for sales of real estate

on execution, notice of the sale shall be mailed with return receipt

requested at least twenty (20) days prior to the sale, to all

persons owning an interest in the property or to their attorneys at

their respective last-known address.

C. If it can be established to the satisfaction of the court,

prior to the sale, that such property is of a value in excess of

Five Thousand Dollars ($5,000.00), such sale shall not be held and

the court shall appoint other commissioners to reappraise the

property or refer the matter to the same commissioners.

D. Confirmation of such sale shall be set for hearing not less

than ten (10) days after the day of sale. A written notice of

hearing on the confirmation of the sale shall be mailed, by firstclass mail, postage prepaid, to all persons having an interest in

the property as previously determined by the court whose names and

addresses are known, at least ten (10) days before the hearing on

the confirmation of the sale, and if the name or address of any such

person is unknown, such notice shall also be published in a

newspaper authorized by law to publish legal notices in each county

in which the property is situated. If no newspaper authorized by

law to publish legal notices is published in such county, the notice

shall be published in some such newspaper of general circulation

which is published in an adjoining county. The notice shall state

the name of the person or persons being notified by publication and

shall be published once at least ten (10) days prior to the date of

the hearing on the notice of confirmation of the sale. An affidavit

of proof of mailing and of publication, if publication is required,

shall be filed in the case.

E. Upon such hearing, if satisfied with the validity and

fairness of the sale, the court shall order the sheriff to issue a

sheriff's deed to the purchaser of the property and, after

apportionment of costs, attorney fees and expenses, direct

disbursement of the sale proceeds to those persons legally entitled

to receive the same.

Added by Laws 1980, c. 60, § 1, eff. Oct. 1, 1980. Amended by Laws

1986, c. 227, § 5, eff. Nov. 1, 1986.