Oklahoma § 43-215 - Agreement respecting rights acquired under community

§ 43-215. Agreement respecting rights acquired under community

property law - Recording - Limitation barring action to recover

interest.

Within one (1) year from the effective date of this act, any

husband and wife whose property or income was subject to the terms

Oklahoma Statutes - Title 43. Marriage and Family

of the act repealed by the foregoing section, may enter into a

recordable agreement, specifying the rights acquired by either or

each of them under the terms of said act, altering those rights if

they so desire, and describing the property affected, and may record

the agreement in the office of the county clerk of their residence

and in the office of the county clerk of each county where any of

the affected property may be located. Should any husband and wife

be unable to reach such an agreement, either may file an action in

the district court of the county of the residence of either of them

for a determination of the rights as acquired under the repealed

act, and a certified copy of the judgment may thereupon be recorded

in each county in which any of the affected property is located. The

failure to make and record such an agreement, or to file such an

action within one (1) year and record the judgment in due course

thereafter, and in any event within three (3) years from the

effective date of this act, shall bar the husband or wife whose

title or interest does not appear of record, or who is not

separately in possession of the property, from any claim or interest

in the property as against third persons acquiring any interest

therein. After three (3) years from the effective date of this act,

no action or proceeding of any character shall be brought to

establish or recover an interest in property based upon the terms of

the act repealed, unless the interest has previously been

established of record, as hereinabove provided.

Laws 1949, p. 229, § 2. Renumbered from Title 32, § 83 by Laws 1989,

c. 333, § 2. eff. Nov. 1, 1989.