A. When the object of the action is to effect a partition of real property, the petition must describe the property and the respective interests of the owners thereof, if known.
§ 1501.1.Petition For Partition - Contents - Proof Required
Chapter 28: Partition · Last amended November 1, 1987 · Last verified August 3, 2026
In one sentenceRequires a partition petition to describe the property and each owner's known interest, and adds a heightened proof requirement for partitioning a mineral estate -- that a co-owner is frustrating development and that Corporation Commission pooling wouldn't work -- unless the plaintiff also owns part of the surface estate.
Full Text of § 1501.1
1. Except as provided for in this subsection, in any action involving the partition of a mineral estate, in addition to the requirements of subsection A of this section, the petition shall specify and the plaintiff shall establish at trial by a preponderance of the evidence that:
a. one or more of the co-owners of the mineral estate are frustrating the development objective of the plaintiff for the estate; and
b. an order of the Corporation Commission to pool and develop said minerals pursuant to Section 87.1 of Title 52 of the Oklahoma Statutes and a plan of unitization created pursuant to Sections 287.1 through 287.15 of Title 52 of the Oklahoma Statutes would not effectuate a realization of the development objective.
2. The provisions of this subsection shall not apply to any action involving the partition of a mineral estate, if the person requesting the partition owns the surface estate or any part thereof and also owns an interest in the mineral estate.
Amendment History
R.L. 1910, § 4940; Amended by Laws 1970, HB 1609, c. 40, §1, emerg. eff. 3/2/1970; Amended by Laws 1971, HB 1004, c. 65, §1, emerg. eff. 4/9/1971; Amended by Laws 1984, SB 492, c. 205, §1, emerg. eff. 5/14/1984; Amended by Laws 1985, SB 6, c. 120, §1, emerg. eff. 5/31/1985; Renumbered from 12 O.S. § 1501 by Laws 1985, SB 6, c. 120, §2, emerg. eff. 5/31/1985; Amended by Laws 1987, HB 1261, c. 189, §5, eff. 11/1/1987; Renumbered from 52 O.S. § 569 by Laws 1987, HB 1261, c. 189, §5, eff. 11/1/1987.
Plain-English Summary
Partition is the process a court uses to divide property owned by more than one person -- either by splitting it physically among the owners ("partition in kind") or, when that isn't practical, by selling it and dividing the proceeds ("partition by sale"). Section 1501.1 opens the chapter by setting what a partition petition must contain: a description of the property and each owner's respective interest, so far as known.
Subsection B adds a special hurdle for partitioning a mineral estate, such as oil and gas interests. Beyond the basic description, the petition must specify, and the plaintiff must prove at trial by a preponderance of the evidence, that a co-owner is frustrating the plaintiff's development objective and that a Corporation Commission pooling order and unitization plan wouldn't achieve that objective. That extra burden doesn't apply, though, if the person seeking partition also owns part of the surface estate along with a mineral interest.
Frequently Asked Questions
What is partition of real property?
It's a court action to divide property among co-owners, either by splitting it physically among them or, when that isn't practical, by selling it and dividing the proceeds.
What does a partition petition have to include?
A description of the property and the respective interests of the owners, so far as known.
Why is partitioning a mineral estate harder than partitioning other property?
The plaintiff must additionally prove that a co-owner is frustrating the development objective and that a Corporation Commission pooling order and unitization plan wouldn't achieve it.
Does the extra mineral-estate proof requirement apply if I own the surface too?
No. It doesn't apply if the person seeking partition owns the surface estate, or part of it, along with a mineral interest.
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: oklahoma partition petition requirements12 O.S. § 1501.1partition of mineral estate oklahomahow to file a partition action oklahoma