A. In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he shall, before the time for the trial of the cause, file a verified answer or an affidavit which contains a full and specific statement of the facts constituting his defense of title or boundary dispute. If the defendant files such a verified answer or affidavit, the action shall proceed as one in ejectment before the proper division of the district court. If the defendant files an affidavit he shall file answer within ten (10) days after the date the affidavit is filed.
§ 1148.6.Answer Or Affidavit By Defendant
Chapter 20: Actions Regarding Real Property · Last amended October 1, 1978 · Last verified August 3, 2026
In one sentenceSection 1148.6 lets a defendant who wants to contest title or a boundary line convert a forcible entry and detainer case into an ejectment action by filing a verified answer or affidavit before trial, but keeps a lease-breach or lease-expiration dispute on the eviction track if the plaintiff so chooses.
Full Text of § 1148.6
B. In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer or affidavit, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action.
C. No answer by the defendant shall be required before the time for trial of the cause.
Amendment History
Laws 1968, SB 537, c. 172, § 6, eff. 1/13/1969; Amended by Laws 1978, SB 579, c. 87, § 2, eff. 10/1/1978.
Plain-English Summary
A defendant who wants to fight the case on title or a boundary dispute, rather than simple possession, has to file a verified answer or an affidavit before the trial date, laying out the facts of that defense in full. Doing so converts the case: it proceeds as an ejectment action in the proper division of the district court instead. A defendant who files just an affidavit still has to follow up with an answer within ten days.
Subsection B carves out an exception for lease disputes: if the case turns on an asserted breach of a lease, or the lease's termination or expiration, and the defendant's verified answer or affidavit says as much, the plaintiff can still proceed with the forcible entry and detainer action rather than being pushed into ejectment. And under subsection C, the defendant doesn't have to answer at all before the time set for trial -- it's the verified answer or affidavit, not an ordinary answer, that matters for triggering the shift to ejectment.
Frequently Asked Questions
What happens if the defendant wants to contest who owns the property?
The defendant must file a verified answer or affidavit before trial stating the facts of the title or boundary dispute, and the case then proceeds as an ejectment action.
Does filing an affidavit end the defendant's obligations?
No. A defendant who files an affidavit still has to file an answer within ten days after that.
Does every title dispute push the case out of forcible entry and detainer?
Not lease disputes. If the case is based on an asserted breach or the termination or expiration of a lease under which the defendant claims an interest, the plaintiff can still proceed with the forcible entry and detainer action.
Is the defendant required to answer before the trial date?
No, subsection C says no answer is required before the time for trial, unless the defendant is raising a title or boundary defense.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: ejectment vs forcible entry detainer oklahomaaffidavit contesting title eviction oklahoma12 O.S. § 1148.6lease dispute eviction defense oklahoma