Caveat: Oklahoma has enacted the Revised Uniform Partnership Act, codified at 54 O.S. §§ 1-100 through 1-1207. On or after January 1, 2000, the Oklahoma Revised Uniform Partnership Act will govern all partnerships and limited liability partnerships formed under Oklahoma law, including general partnerships formed prior to the enactment of the Revised Uniform Partnership Act.

Title Examination Standards
Chapter 1, App.
Chapter 13. Partnerships and Joint Ventures
§13.5. No Marital Rights In Partnership Real Property.

No homestead or other marital rights attach to the interest of the married partner in specific partnership real property. If, by recitals in instruments in the chain of title or otherwise, it appears that partnership real property was conveyed, the title examiner should not require any evidence of release or non-existence of such marital rights.

Authority: 54 O.S. § 1-203; 1-302(a).

Comment: Suppose real property has been conveyed to "Enterprise Associates, a partnership, consisting of Jane Jones and Robert Smith," and a conveyance of the same property is then made to Henry Green, signed in the name of "Enterprise Associates, a partnership, by Jane Jones and Robert Smith, co-partners." Both Jones and Smith are married, but their spouses do not join in the conveyance. Green gets a marketable title, and nothing further is required to explain why the spouses did not join.

Suppose real property has been conveyed to Jane Jones and Robert Smith, a co-partnership. A conveyance is then made of the same property to Henry Green, executed by "Jane Jones and Robert Smith, a co-partnership." The spouses of Jones and Smith do not join in the conveyance. Green gets a marketable title, and nothing further is required.

Suppose a conveyance to the co-partnership, as in the preceding hypothetical case. In this case, the partnership does not sell the real property, and Jane Jones dies leaving a surviving spouse. The surviving spouse cannot claim homestead rights in the land.

Standard was proposed in the 1973 Report of the Real Property Committee, 44 O.B.A.J. 3319, 3321, 3433, 3537 & 3615 (1973). The proposal was adopted by the House of Delegates on November 30, 1973, 45 O.B.A.J. 652 (1974). The Report of the 1983 Title Examination Standards Committee, 54 O.B.J. 2379, 2382 (1983), recommended corrrection of typographical and punctuation errors. These changes were approved by the Real Property Section on November 3, 1983, and adopted by the House of Delegates on November 4, 1983.

The Title Examination Standards Committee's 2001 Report recommended amending the "Authority" for this Standard to reflect the State's adoption of the Revised Uniform Partnership Act (the "Revised Act"), including its treatment of partnerships as entities. 72 O.B.J. 3002 (Oct. 13, 2001). The Real Property Law Section approved the Committee's recommendation November 15 and the House of Delegates adopted the proposal on November 16, 2001. 72 O.B.J. 3576 (Dec. 8, 2001).

The 2021 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 12, 2021. (superseded document available)