Legal Question in Real Estate Law in Oklahoma

Re: Property Settlement

Thank your for your question. Typically in a divorce where one party is awarded real property, the other is directed to execute a quit-claim deed of their interest. Normally, the decree will state that if this is not done the divorce decree will operate as a transfer of that interest. I do not have your husbands divorce decree to review so I do not know what it provided. If you are certain he was awarded the home free and clear of all interest she may have then that divorce decree needs to be recorded in the county land records where the property is located. The ex would have no claim to the property if the award was free and clear of her interest unless perhaps he quits paying and the property is foreclosed with the mortgage company seeking judgment against both. I would suggest that your husband and you make a new quit-claim deed to you and him as husband and wife and as joint tenants with right of survivorship.