Oklahoma Constitution Article XII: HOMESTEAD AND EXEMPTIONS
Oklahoma Constitution – Article XII: Homestead and Exemptions
This article outlines the legal protections for homesteads and personal property against forced sale in Oklahoma. Here's a summary of its key provisions:
Section 1: Homestead Exemption
The homestead of any family in Oklahoma is protected from forced sale for the payment of debts, except for:
Taxes due on the property,
Purchase money (i.e., unpaid purchase price),
Improvements made or repairs performed on the property,
Mechanic’s or materialmen’s liens.
Section 2: Size and Value Limits
The urban homestead (in a city or town) is limited to one acre, and must be used as the principal residence.
The rural homestead can be up to 160 acres, used for the family's benefit.
The Constitution also allows the Legislature to define the value limits and details of how exemptions are applied.
Section 3: Personal Property Exemptions
Certain personal property is also exempt from forced sale, such as:
Household goods,
Tools of trade,
Livestock,
Farm implements (specifics subject to legislation).
Section 4: Conveyance of Homestead
A homestead cannot be sold or mortgaged without the joint consent of both spouses, if the owner is married.
This protects family interests and prevents unilateral sale.
Section 5: Laws May Be Passed
The Legislature has the authority to pass laws expanding or defining the homestead and exemption protections in more detail, provided they are consistent with this article.
RELATED Blog
0 comments