The court shall have full power to make any order, not inconsistent with the provisions of this article, that may be necessary to make a just and equitable partition between the parties, and to secure their respective interests.
§ 1516.Power of Court
Chapter 28: Partition · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceGives the court broad authority to issue any order needed for a just and equitable partition and to protect each party's respective interest, so long as the order doesn't conflict with this chapter's other provisions.
Full Text of § 1516
Amendment History
R.L. 1910, § 4955.
Plain-English Summary
Section 1516 works as a gap-filler for the rest of the chapter. It gives the court full power to make any order, not inconsistent with the partition statutes, that's necessary to reach a just and equitable partition between the parties and to secure their respective interests.
Frequently Asked Questions
Does the court have flexibility beyond the specific partition rules?
Yes. Section 1516 gives it full power to make any order necessary for a just and equitable partition, as long as the order doesn't conflict with this chapter's other provisions.
What limits this broad power?
Only that the order must not be inconsistent with the other provisions of this article on partition.
Does this override the more specific partition rules in the other sections?
No. The court's power under this section can't be inconsistent with the other provisions of the partition article.
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 court's equitable power12 O.S. § 1516court authority just and equitable partition