Okla. Admin. Code § 710:10-5-7

Current through Vol. 42, No. 4, November 1, 2024

Section 710:10-5-7 - Undivided interests in homesteads

(a)Undivided interests in general. A person who is a citizen of Oklahoma, that resides and is domiciled in a residence is entitled to a homestead exemption, in the amount of his undivided interest. For example, if the person is residing upon land in which he owns an undivided one-half interest, he is entitled to an exemption of $500.00. If his undivided interest is one-fourth, he is entitled to an exemption of $250.00. [See: 68 O.S. §§ 2888, 2833 ]

(b)Exception for undivided interest in a parent and child. If a parent and a child or children own a house jointly, but the parent is the only person residing in the house, the parent is entitled to the full exemption, up to One Thousand Dollars ($1,000.00). [See: 68 O.S. § 2888 ]

(c)Retention of homestead by a surviving spouse or minor child. The surviving spouse or minor children, or both, of a deceased person shall be considered to be the record owners of a homestead if the title of record is in the office of the county clerk on January 1, in the name of the deceased. For example, if one spouse is listed as the record owner of the residency on January 1, and that spouse dies that year, the surviving spouse or the decedent's children will still be able to claim the homestead exemption for that year, even though they are not listed as the owners of record in the office of the county clerk. [See: 68 O.S. § 2888 ]

Okla. Admin. Code § 710:10-5-7

Amended at 15 Ok Reg 3451, eff 7-11-98; Amended at 22 Ok Reg 1518, eff 6-11-05