Partition Action Complaint - Oklahoma

VERIFIED PETITION FOR PARTITION OF REAL PROPERTY — OKLAHOMA

IN THE DISTRICT COURT OF [____] COUNTY

STATE OF OKLAHOMA

Case No.: CJ-20[__]-[______]

VERIFIED PETITION FOR PARTITION

Plaintiff, [PLAINTIFF FULL NAME], for a cause of action against the Defendants, alleges and states:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is [a resident of [____] County, Oklahoma / a corporation organized under the laws of [____]], with an address of [________________________________].

2. Defendant [DEFENDANT 1] is, upon information and belief, [an individual whose last-known address is / an entity with its principal place of business at] [________________________________], and claims or owns an undivided interest in the Subject Property.

3. Defendant [DEFENDANT 2] is, upon information and belief, [________________________________].

4. Defendants designated as "ALL UNKNOWN OWNERS, HEIRS, DEVISEES, SUCCESSORS, AND ASSIGNS" are joined pursuant to 12 O.S. § 1502 and include all persons whose names or shares are unknown and who may claim any undivided interest in the Subject Property. Lienholders and creditors are joined, where applicable, pursuant to 12 O.S. § 1503.

5. This Court has jurisdiction over the subject matter and the Subject Property, which is located in [____] County, Oklahoma.

6. Venue is proper in [____] County pursuant to 12 O.S. § 131(1)(b), as the real property that is the subject of this action is situated in [____] County, Oklahoma.

II. THE SUBJECT REAL PROPERTY

7. The real property at issue (the "Subject Property") is located in [____] County, Oklahoma, and is more particularly described as follows (12 O.S. § 1501.1(A)):

Legal Description:
[________________________________________________________________
________________________________________________________________
________________________________________________________________]

Parcel / Account No.: [____________]
Street Address (reference only): [________________________________]

III. COTENANCY AND RESPECTIVE INTERESTS

8. Plaintiff and the Defendants are the owners of the Subject Property as [tenants in common / joint tenants], holding undivided interests therein. The respective interests of the owners, so far as known to Plaintiff, are as follows (12 O.S. § 1501.1(A)):

9. Plaintiff acquired Plaintiff's undivided [____] interest by [Warranty Deed / Quitclaim Deed / Deed of Distribution / inheritance / decree] dated [__/__/____], recorded in the office of the County Clerk of [____] County on [__/__/____] in Book [____], Page [____] (Instrument No. [______]).

10. No agreement, will, or deed restriction prohibits or restricts the right of partition among the cotenants.

IV. ENTITLEMENT TO PARTITION

11. Plaintiff incorporates the preceding paragraphs by reference.

12. As a cotenant holding an undivided interest in the Subject Property, Plaintiff is entitled as a matter of right to a partition of the Subject Property according to the respective interests of the parties, pursuant to 12 O.S. § 1501.1 et seq.

13. Plaintiff desires to hold Plaintiff's interest in severalty and no longer wishes to hold the Subject Property in cotenancy with the Defendants.

V. PARTITION IN KIND OR BY SALE

14. ☐ Partition in kind preferred. The Subject Property can be divided in kind among the parties according to their respective interests without manifest injury, and Plaintiff requests that commissioners be appointed to make such division and allotments (12 O.S. §§ 1506, 1507, 1509).

15. ☐ Partition by sale. The Subject Property cannot be divided in kind without manifest injury to the value of the respective interests; the commissioners should appraise the property, and if no party elects to take the property at the appraised value, the Court should order the property sold and the net proceeds divided among the parties according to their interests (12 O.S. §§ 1509, 1512, 1513). No sale shall be made at less than two-thirds (2/3) of the valuation placed upon the property by the commissioners (12 O.S. § 1513).

16. Any party adjudged to own an undivided interest may elect to take the whole property at the commissioners' appraised value within the time prescribed by 12 O.S. §§ 1509 and 1512.

VI. ACCOUNTING AND EQUITABLE ADJUSTMENTS (OWELTY)

17. Plaintiff incorporates the preceding paragraphs by reference.

18. An accounting is necessary to adjust the equities among the cotenants. Plaintiff requests that, in determining the parties' respective shares and any owelty, the Court credit or charge each cotenant for the following, as the proof may show:

☐ Sums paid for the purchase price, down payment, mortgage principal and interest by a cotenant beyond that cotenant's proportionate share.
☐ Sums paid for ad valorem property taxes, insurance, and assessments.
☐ The reasonable cost of necessary repairs and value-enhancing improvements.
☐ Rents, profits, and income received by a cotenant from the Subject Property.
☐ The reasonable rental value of exclusive use / occupancy where a cotenant has ousted or excluded another cotenant.
☐ Waste, damage, or diminution in value caused by a cotenant.
☐ Owelty — a money payment to equalize the partition where an in-kind division cannot be made in exact proportion (12 O.S. § 1507).
☐ Other: [________________________________].

19. The amounts due upon such accounting should be charged against or credited to the respective shares of the cotenants in the partition or distribution of sale proceeds.

VII. APPOINTMENT OF COMMISSIONERS

20. Plaintiff requests that, upon entry of an order for partition (12 O.S. § 1505), the Court appoint three (3) disinterested commissioners, duly sworn (12 O.S. §§ 1506, 1508), to make partition of the Subject Property among the parties according to their respective interests if it can be done without manifest injury, and, if not, to appraise the property and report to the Court forthwith (12 O.S. § 1509).

VIII. ATTORNEYS' FEES AND COSTS

21. Plaintiff requests that the costs of this action, including the fees and expenses of the commissioners, appraisal, sale, and reasonable attorneys' fees, be taxed and apportioned among the parties in proportion to their respective interests as the Court deems equitable, pursuant to 12 O.S. § 1515.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment and relief as follows:

A. Determining and adjudging the respective undivided interests of Plaintiff and each Defendant in the Subject Property;

B. Ordering partition of the Subject Property pursuant to 12 O.S. § 1505 and appointing three (3) commissioners to make partition in kind if it can be done without manifest injury;

C. If partition in kind cannot be made without manifest injury, ordering the commissioners to appraise the Subject Property and, subject to the parties' right of election to take at the appraised value (12 O.S. § 1512), ordering the Subject Property sold and the proceeds divided according to the parties' respective interests, with no sale for less than two-thirds (2/3) of the appraised value (12 O.S. § 1513);

D. Taking an accounting among the cotenants and charging or crediting each share for contributions, rents, ouster, waste, and owelty as set forth above;

E. Taxing and apportioning the costs of this action, including commissioners' fees, appraisal and sale expenses, and reasonable attorneys' fees, among the parties in proportion to their interests pursuant to 12 O.S. § 1515; and

F. Granting such other and further relief as the Court deems just and equitable (12 O.S. § 1516).

Dated: [__/__/____]

[________________________________]
[Attorney Name], OBA No. [______]
[Firm Name]
[Address] · [Phone] · [Email]
Attorney for Plaintiff

VERIFICATION

STATE OF OKLAHOMA )
                ) ss.
COUNTY OF [____] )

[PLAINTIFF FULL NAME], of lawful age, being first duly sworn, deposes and states: I am the Plaintiff in the above-captioned action; I have read the foregoing Verified Petition for Partition and know the contents thereof; and the matters stated therein are true and correct of my own knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

[________________________________]
[Plaintiff Signature]

Subscribed and sworn to before me this [____] day of [__________], 20[____].

[________________________________]
Notary Public
My commission expires: [__/__/____]
Commission No.: [______]

[NOTARY SEAL]

NOTICE OF LIS PENDENS

(12 O.S. § 2004.2)

NOTICE IS HEREBY GIVEN that an action for partition of real property has been commenced and is now pending in the District Court of [____] County, State of Oklahoma, Case No. CJ-20[__]-[______], entitled [PLAINTIFF NAME], Plaintiff, vs. [DEFENDANT NAMES], et al., Defendants.

OBJECT OF THE ACTION: Partition of the real property described below pursuant to 12 O.S. § 1501.1 et seq.

REAL PROPERTY AFFECTED (located in [____] County, Oklahoma):

[INSERT FULL LEGAL DESCRIPTION]

Parcel / Account No.: [____________]

Dated: [__/__/____]

[________________________________]
[Attorney Name], OBA No. [______] — Attorney for Plaintiff
[Firm Name] · [Address] · [Phone] · [Email]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing Verified Petition for Partition was served upon the following parties by the method indicated:

[________________________________]
[Attorney Name], OBA No. [______]
Attorney for Plaintiff

Sources and References

• 12 O.S. § 1501.1 et seq. — Partition (Title 12, Chapter 28) (https://www.oscn.net/applications/oscn/index.asp?ftdb=STOKST12)
• 12 O.S. § 1509 — Duty of commissioners; report; notice (https://law.justia.com/codes/oklahoma/title-12/section-12-1509/)
• 12 O.S. § 1513 — Order directing sale by sheriff or public auction; two-thirds floor (amended by Laws 2024, c. 307, § 1) (https://law.justia.com/codes/oklahoma/title-12/section-12-1513/)
• 12 O.S. § 1515 — Costs and fees
• 12 O.S. § 131 — Venue for actions involving real property, including partition
• 12 O.S. § 2004.2 — Notice of pendency (lis pendens)
• UPHPA status (Oklahoma): Oklahoma has not adopted the Uniform Partition of Heirs Property Act as of this drafting; the general partition statute (12 O.S. § 1501.1 et seq.) governs heirs' property partition.

Disclaimer: This template does not constitute legal advice. Oklahoma partition practice involves commissioners, appraisal, and statutory election deadlines that vary by county. Engage a licensed Oklahoma attorney and obtain a current title examination before filing.