Title Examination Standards
Chapter 1, App.
Chapter 23. Judgment Liens, Execution and Attachment
§23.3. Effect of Judgments in Divorce Cases Awarding Real Property to Party Litigant..

Judgments of the district court awarding real property to either litigant to a divorce action are effective to pass title to such real property. It is not necessary that the decree contain language that it shall operate as a conveyance. The decree must be recorded in the office of the county clerk in the county where the land is located to give constructive notice of the transfer of title.

Authority: 12 O.S. §§ 181. Comment: For the purposes of marketability of title, any decree must clearly identify such real property. The property must be specifically described by an adequate legal description. Identification of the real property by street address is not sufficient. Where property settlement incorporated by reference in divorce decree divided all assets in properties acquired during marriage and directed that all property not specifically awarded in agreement was to be given to husband, fact that wife failed to execute instruments of conveyance to husband did not entitle her to judgment in her suit against former husband's estate seeking stay of disposition of property pending determination as to property held in joint tenancy, for divorce decree terminated joint tenancy of the parties, Tiger v. Estate of Akers , 554 P.2d 1213 (Okla. Ct. App. 1976). Caveat: While constructive notice is given by the filing of the judgment in the office of the county clerk where the property is located, see Comment to Title Standard 23.2E above as to the holding in Watkins v. Watkins, 922 F.2d 1513 (10th Cir. 1991) concerning the constructive notice effect of a judgment not filed in the office of the county clerk of the county where the land is located.

History: Proposed by report of 1971 Real Property Committee as a part of Resolution (3), published 42 O.B.A.J. 2899, 3017, 3081, & 3165 (1971), and see also 42 O.B.A.J. 2902, 3020, 3084, & 3168 (1971), where the text of the standard is published. Approved by Real Property Law Section on December 2, 1971, and adopted by the House of Delegates on December 3, 1971, 43 O.B.A.J. 642 (1972). Amendment proposed by 1985 Report of the Title Examination Standards Committee, 56 O.B.J. 2535, 2537-2538, approved by the Real Property Law Section, November 14, 1985, and adopted by the House of Delegates, November 15, 1985, 57 O.B.J. 5 (1986). The Report of the 2002 Title Examination Standards Committee recommended addition of the "Caveat" regarding the effect of constructive notice of certain divorce decrees not recorded in the land records. 73 O.B.J. 3004 (10/16/2002). The Real Property Law Section approved, November 21, 2002, and the House of Delegates adopted the proposal November 22, 2002.