If partition cannot be made, and the property shall have been valued and appraised, any one or more of the parties may elect to take the same at the appraisement, and the court may direct the sheriff to make a deed to the party or parties so electing, on payment to the other parties of their proportion of the appraised value. Such election shall be filed within twenty (20) days of the filing of the commissioners' report provided that the court may, before expiration of the said twenty (20) days, fix a different and longer period for the filing of elections.
§ 1512.Purchase At Appraised Value
Chapter 28: Partition · Last amended October 1, 1974 · Last verified August 3, 2026
In one sentenceLets a co-owner elect to buy out the others by taking the property at its appraised value when it cannot be physically divided, with the sheriff executing the deed once the electing party pays the other owners their share, provided the election is filed within twenty days of the commissioners' report.
Full Text of § 1512
Amendment History
R.L. 1910, § 4951; Amended by Laws 1953, HB 778, p. 60, § 1; Amended by Laws 1974, SB 722, c. 166, § 2, eff, 10/1/1974.
Plain-English Summary
When the property can't be divided in kind but has been valued and appraised, Section 1512 gives any one or more of the parties the option to buy the others out. A party electing to take the property pays the other parties their proportional share of the appraised value, and the court can direct the sheriff to execute a deed to whoever elected.
That election has to be filed within twenty days of the commissioners' report being filed, though the court may set a different, longer period before that twenty days expires.
Frequently Asked Questions
What happens if the property can't be divided among the owners?
Once it's been appraised, any one or more of the owners can elect to take the property at the appraised value, buying out the others.
How does a co-owner buy out the others under this rule?
By electing to take the property at the appraisement and paying the other parties their proportional share of that value; the court then directs the sheriff to deed the property to the party who elected.
How long do you have to file an election to take the property?
Twenty days from the filing of the commissioners' report, unless the court fixes a different, longer period before that deadline runs out.
What role does the sheriff play in this buy-out?
The court can direct the sheriff to execute the deed to the electing party once that party has paid, or arranged to pay, the other parties their share.
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 buy out co-owner at appraised value12 O.S. § 1512election to take property at appraisementsheriff deed partition oklahoma