A. If none of the parties elect to take the property at the valuation or if two or more of the parties elect to take the property at the valuation in opposition to each other, the court shall make an order directing the sale of the property. Upon agreement of all parties, the court may partition a portion of the property in kind and order the balance of the property to be partitioned by sale. If the court order directs the sale due to two or more opposing parties electing to take the property at the same valuation, the court shall hold a sealed bid auction between or among the opposing parties. The court shall set a date, not less than ten (10) days after the closing of the election to take the property at valuation, by which the parties shall submit a sealed bid to the court of their best and final offer for the property, which shall be at least the appraised value set by the commissioners. The court shall set a hearing to open all sealed bids, the property shall be sold to the party submitting the highest bid and, upon the court's final approval and confirmation of the sale, the sheriff shall execute and deliver one or more sheriff's deed or deeds in accordance with the order of the court. Unless the court orders a sale by public auction conducted by an auctioneer pursuant to subsection B of this section, the court shall direct the sheriff of the county to sell the property in the same manner as in sales of real estate on execution; but no sale, whether by sheriff or auctioneer, shall be made at less than two-thirds (2/3) of the valuation placed upon the property by the commissioners.
§ 1513.Order Directing Sale of Property By Sheriff Or Public Auction
Chapter 28: Partition · Last amended November 1, 2024 · Last verified August 3, 2026
In one sentenceDirects the court to order the property sold at a sheriff's sale for no less than two-thirds of appraised value, or via sealed-bid auction when owners compete to buy it out, and lets the court instead authorize a licensed auctioneer's sale if that would bring a higher price.
Full Text of § 1513
B. Any property to be partitioned by sale may be sold at a public auction conducted by an auctioneer in lieu of a sale by sheriff. Upon the request of a party, the court may order a sale of the property at a public auction conducted by an auctioneer if the court finds that such sale is likely to result in a higher aggregate net price than a sale by sheriff using the procedures for sales of real estate on execution. Any sale by an auctioneer pursuant to this subsection shall be conducted in a manner consistent with the auction procedures and sale terms approved by the court, which may include provisions for:
1. Offering noncontiguous land as separate tracts;
2. Dividing any contiguous land into multiple tracts for purposes of the auction; or
3. Selling multiple tracts separately or in one or more combinations in a manner resulting in the highest total price.
After the auction, any party may report the auction results to the court and, upon the court's final approval and confirmation of the sale, the sheriff shall execute and deliver one or more sheriff's deed or deeds in accordance with the order of the court.
C. For purposes of this section, "auctioneer" means an individual or company that is licensed to sell real estate in this state and engaged in the business of selling real estate by public auction.
Amendment History
Amended by Laws 2024, c. 307, s. 1, eff. 11/1/2024. R.L. 1910, § 4952.
Plain-English Summary
Section 1513 covers what happens once it's clear the property will be sold rather than divided or bought out under Section 1512. If no party elects to take the property at the appraised value, or if two or more parties elect in competition with each other, the court orders a sale. When the parties agree, the court can even split the difference -- partitioning part of the property in kind and ordering only the rest sold. If the sale is triggered by competing elections, the court runs a sealed-bid auction between those parties: it sets a bidding date at least ten days after the election period closes, opens the bids at a hearing, and awards the property to the highest bidder, who must have bid at least the appraised value.
Absent a public auction under subsection B, the default sale method is a sheriff's sale, run the same way as a sale of real estate on execution. Neither a sheriff's sale nor an auctioneer's sale can go for less than two-thirds of the commissioners' appraised value.
Subsection B lets the court choose a public auction run by a licensed auctioneer instead of a sheriff's sale, if a party requests it and the court finds an auction is likely to bring a higher net price. The court-approved auction procedure can split noncontiguous land into separate tracts, divide contiguous land into multiple tracts, or sell tracts separately or in combination -- whatever produces the highest total price. An "auctioneer," for this purpose, means an individual or company licensed to sell real estate in Oklahoma and in the business of selling it by public auction.
Frequently Asked Questions
What happens if two co-owners both want to buy the property at the appraised value?
The court holds a sealed-bid auction between them, setting a date for each to submit a best-and-final offer -- at least the appraised value -- and awards the property to the highest bidder.
Can the property be partitioned partly and sold partly?
Yes, if all the parties agree, the court can partition part of the property in kind and order the rest sold.
Is there a minimum price for a sheriff's sale in a partition case?
Yes. Neither a sheriff's sale nor an auctioneer's sale can go for less than two-thirds of the value the commissioners set.
Can the court use a private auctioneer instead of the sheriff?
Yes, if a party requests it and the court finds an auction by a licensed auctioneer is likely to bring a higher aggregate net price than a sheriff's sale.
Can the auctioneer split the land into separate tracts to get a better price?
Yes. The court-approved procedure can offer noncontiguous land as separate tracts, divide contiguous land into multiple tracts, or sell tracts separately or combined, whichever brings the highest total price.
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 sheriff sale two-thirds appraised value12 O.S. § 1513partition property sale by auction oklahomasealed bid auction competing partition elections