Necessity of writing and signing - Veterans' loans -

Homestead - Joinder of husband and wife - Effect of record for 10

years.

A. No deed, mortgage, or conveyance of real estate or any

interest in real estate, other than a lease for a period not to

exceed one (1) year, shall be valid unless in writing and subscribed

by the grantors. No deed, mortgage, or contract affecting the

homestead exempt by law, except a lease for a period not exceeding

one (1) year, shall be valid unless in writing and subscribed by

both husband and wife, if both are living and not divorced, or

legally separated, except as otherwise provided for by law.

B. Unless specifically restricted, an attorney-in-fact may

execute a valid deed, mortgage or contract affecting the homestead

exempt by law including the principal's personal homestead rights on

behalf of:

1. A husband;

2. A wife; or

3. A husband and wife.

C. In order for the execution of an instrument affecting the

exempt homestead by an attorney-in-fact to be valid, the power of

attorney authorizing execution of a deed, mortgage, or contract

affecting the homestead exempt by law shall be recorded with the

county clerk of the county or counties in which the affected

property is located.

D. Nonjoinder of the spouse shall not invalidate the purchase

of a home with mortgage loan insurance furnished by the Veteran's

Administration or written contracts and real estate mortgages

executed by the spouse of a person who is certified by the United

States Department of Defense to be a prisoner of war or missing in

action. A deed affecting the homestead shall be valid without the

signature of the spouse of the grantor, and the spouse shall be

deemed to have consented thereto, when said deed has been recorded

in the office of the county clerk of the county in which the real

estate is located for a period of ten (10) years prior to a date six

(6) months after May 25, 1953, and thereafter when the same shall

have been so recorded for a period of ten (10) years, and no action

shall have been instituted within said time in any court of record

having jurisdiction seeking to cancel, avoid, or invalidate such

deed by reason of the alleged homestead character of the real estate

at the time of such conveyance.

R.L. 1910, § 1143. Amended by Laws 1945, p. 40, § 1; Laws 1953, p.

64, § 1; Laws 1973, c. 24, § 1, emerg. eff. April 17, 1973; Laws

1983, c. 309, § 1, operative Oct. 1, 1983; Laws 1997, c. 80, § 1,

eff. Nov. 1, 1997.

Oklahoma Statutes - Title 16. Conveyances Page 4