{"data":{"id":"us-ok/okla.-stat.-tit.-16-16-4","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 16, § 16-4","heading":"Necessity of writing and signing - Veterans' loans -","body":"Homestead - Joinder of husband and wife - Effect of record for 10\n\nyears.\n\nA. No deed, mortgage, or conveyance of real estate or any\n\ninterest in real estate, other than a lease for a period not to\n\nexceed one (1) year, shall be valid unless in writing and subscribed\n\nby the grantors. No deed, mortgage, or contract affecting the\n\nhomestead exempt by law, except a lease for a period not exceeding\n\none (1) year, shall be valid unless in writing and subscribed by\n\nboth husband and wife, if both are living and not divorced, or\n\nlegally separated, except as otherwise provided for by law.\n\nB. Unless specifically restricted, an attorney-in-fact may\n\nexecute a valid deed, mortgage or contract affecting the homestead\n\nexempt by law including the principal's personal homestead rights on\n\nbehalf of:\n\n1. A husband;\n\n2. A wife; or\n\n3. A husband and wife.\n\nC. In order for the execution of an instrument affecting the\n\nexempt homestead by an attorney-in-fact to be valid, the power of\n\nattorney authorizing execution of a deed, mortgage, or contract\n\naffecting the homestead exempt by law shall be recorded with the\n\ncounty clerk of the county or counties in which the affected\n\nproperty is located.\n\nD. Nonjoinder of the spouse shall not invalidate the purchase\n\nof a home with mortgage loan insurance furnished by the Veteran's\n\nAdministration or written contracts and real estate mortgages\n\nexecuted by the spouse of a person who is certified by the United\n\nStates Department of Defense to be a prisoner of war or missing in\n\naction. A deed affecting the homestead shall be valid without the\n\nsignature of the spouse of the grantor, and the spouse shall be\n\ndeemed to have consented thereto, when said deed has been recorded\n\nin the office of the county clerk of the county in which the real\n\nestate is located for a period of ten (10) years prior to a date six\n\n(6) months after May 25, 1953, and thereafter when the same shall\n\nhave been so recorded for a period of ten (10) years, and no action\n\nshall have been instituted within said time in any court of record\n\nhaving jurisdiction seeking to cancel, avoid, or invalidate such\n\ndeed by reason of the alleged homestead character of the real estate\n\nat the time of such conveyance.\n\nR.L. 1910, § 1143. Amended by Laws 1945, p. 40, § 1; Laws 1953, p.\n\n64, § 1; Laws 1973, c. 24, § 1, emerg. eff. April 17, 1973; Laws\n\n1983, c. 309, § 1, operative Oct. 1, 1983; Laws 1997, c. 80, § 1,\n\neff. Nov. 1, 1997.","path":["OK Code","Title 16"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os16.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f1064c9a5038298e5db7ace47648a1a5a69459e5e79cb2a3b2b9427d9ff91024","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-16-16-39a","next":"us-ok/okla.-stat.-tit.-16-16-40"},"notice":"GroundRules: Original legal text. Not legal advice."}