Legal Question in Real Estate Law in Oklahoma
what form do I use to change names from a general warranty deed
My ex-husband and I were deeded land from my grandmother and grandfather several years ago upon marriage. We divorced and left the land in both of our names, agreeing that it would go to our only child together. He has since let his new in-laws move a mobile home on the land and cannot get them to move it. He turned it all over to me, the papers are still the same in my name and his name. What papers do I need to get and file to put it in my name with my daughter receiving it upon my death, and then how do I proceed to evict or make these people pay some rent for my daughter's college account? They haven't paid any rent and they have lived on this land around 10-12 years.
1 Answer from Attorneys
Re: what form do I use to change names from a general warranty deed
Your ex-husband will need to execute a Quit Claim Deed transfering any and all interest he has in the property to you. This will take the ex out of the picture but it is still possible that someone has obtained a lien or other interest in the property through him. Only a title search can answer this question.
It is possible to then convey the property to your child reserving a life estate to yourself, convey the property in joint tenancy with right of survivorship to yourself and your child, or anything else you want to do. I do think it would be highly advisable to consult with your attorney to get advice on the best option for your particular circumstance and objectives.
At any rate, once you get the property out of your ex's name, if the tenants won't sign a lease agreement you can threaten(and file if necessary) a Forcible Entry and Detainer action to obtain exclusive possession of the property. Whether or not you can recover any back rent will depend on too many factors to go into here. Once again, you will probably need assistance from your attorney.