renting. A. The homestead of any person in this state, not within any city or town, shall consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the owner. B. Effective November 1, 1997, the homestead of any person in this state, not within any city or town, annexed by a city or town on or after November 1, 1997, owned and occupied and used for both residential and commercial agricultural purposes shall consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the owner. C. The homestead of any person within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, shall consist of not exceeding one (1) acre of land, to be selected by the owner. For purposes of this subsection, at least seventy-five percent (75%) of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the principal residence in order to qualify for the exemption. If more than twenty-five percent (25%) of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed Five Thousand Dollars ($5,000.00). D. Nothing in the laws of the United States, or any treaties with the Indian tribes in the state, shall deprive any Indian or other allottee of the benefit of the homestead and exemption laws of the state. E. Any temporary renting of the homestead shall not change the character of the same, when no other homestead has been acquired.
R.L. 1910, § 3343. Amended by Laws 1980, c. 342, § 2, emerg. eff. June 25, 1980; Laws 1997, c. 104, § 2, eff. Nov. 1, 1997; Laws 1997, c. 345, § 2, eff. Nov. 1, 1997.
Notes of Decisions
Dallas Ceramic Co. v. Morgan, 560 P.2d 197 (Okla. 1977).
· cites it 7× “The single question presented for review is whether, in applying 31 O.S.1971, § 2, to determine the extent of the Appel-lee’s real property exempted as his constitutional homestead, the Trial Court correctly construed “value” to mean fair market value less outstanding…”
In Re Shrum, 98 B.R. 995 (Bankr. W.D. Okla. 1989).
· cites it 2× “" Okla.Stat. Ann. tit. 31, § 2 (West 1976).”
Lindsey v. Kingfisher Bank & Trust Co., 832 P.2d 1 (Okla. 1992).
· cites it 3× “The term “homestead” has been described in 31 O.S.1991, § 2, and provides in pertinent part that the homestead of a family shall consist of not more than one hundred sixty acres of land “to be selected by the owner.”
In Re Siegmann, 757 P.2d 820 (Okla. 1988).
· cites it 2× “1987 § 1(A)(1) as limited by 31 O.S.1981 § 2. Under these provisions a lien may attach to the homestead property in excess of the absolute coverages provided under 31 O.”
Soulé v. Willcut (In re Willcut), 472 B.R. 88 (10th Cir. BAP 2012).
“31, § 1 (A) (2005); Okla. Stat. tit. 31 § 2 (1997). In contrast to this generous homestead exemption, the federal homestead exemption is limited to $21,625 in value in property used as a residence.”
In re Withington, 594 B.R. 696 (Bankr.D. Colo. 2018).
“XII, § 2, Okla. Stat. tit. 31, § 2 . By way of contrast, Colorado provides a homestead exemption of only $75,000 of equity or $105,000 if the debtor is elderly or disabled.”
In Re Hughes, 166 B.R. 957 (Bankr. E.D. Okla. 1994).
· cites it 2× “Okla.Stat. tit. 31, § 2 (West 1991) provides, in pertinent part, as follows: .”
In Re Jones, 107 B.R. 350 (Bankr. E.D. Okla. 1989).
· cites it 2× “Since Oklahoma chose to exercise its ability to opt-out granted under the United States Bankruptcy Code in determining that property which may be claimed as exempt by a debtor, this Court shall rely solely upon the homestead exemption statute found in Okla.Stat.Ann. tit. 31, § 2…”
In Re Ozey, 171 B.R. 116 (Bankr. N.D. Okla 1994).
· cites it 3× “XII § 1, and in 31 O.S. § 2. The Constitutional provision is repeated almost verbatim in the statute.”
In Re Duncan, 107 B.R. 754 (Bankr. W.D. Okla. 1988).
“31 O.S.1981 § 2. There is no limitation as to value for those 160 acres.”
— Okla. Stat. tit. 31, § 2(C) — 3 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.