Oklahoma Statutes

Okla. Stat. tit. 43, § 204 (2026)

Contracts

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Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other as defined by the title on trusts. R.L.1910, § 3353. Renumbered from Title 32, § 5 by Laws 1989, c. 333, § 2, eff. Nov. 1, 1989.

Notes of Decisions
Cited in 7 cases, 1996–2014 · leading case: Bartlett v. Bartlett, 2006 OK CIV APP 112, 144 P.3d 173.
Bartlett v. Bartlett, 2006 OK CIV APP 112, 144 P.3d 173. · cites it 2× “2d 1234, 1240 , the Oklahoma Supreme Court explained that two Oklahoma statutes, which allow spouses to convey property one to the other, support the view that spouses may remove jointly acquired property from the marital estate by conveying it to the separate estate of one or…”
Wieland v. Gordon (In re Gordon), 509 B.R. 359 (Bankr. N.D. Okla. 2014). · cites it 2× “§ 5 [renumbered as Okla. Stat. tit. 43, § 204 ], allows the alteration of spousal relations concerning property — i.”
Whitehead v. Whitehead, 1999 OK 91, 995 P.2d 1098. “1991, § 204) provides; “Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the…”
In re the Marriage of Murphy, 2010 OK CIV APP 1, 225 P.3d 820. “The Court then concluded that: "Whether the property remains the separate property of the spouse to whom it is conveyed, depends on how the spouses treat the property.”
Hendrick v. Hendrick, 1999 OK CIV APP 15, 976 P.2d 1071. · cites it 3× “Title 43 O.S. § 204, advanced by Husband as the statutory basis permitting the postnuptial agreement, allows husbands and wives to enter into transactions with each other respecting property.”
Boyer v. Boyer, 925 P.2d 82 (Okla. Civ. App. 1996). · cites it 2× “Although there are no Oklahoma cases directly on point, the language of 43 O.S.1991, § 204, which modifies the common law rule, is relevant and provides: Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting…”
Vandervort v. Vandervort, 2006 OK CIV APP 34, 134 P.3d 892. · cites it 2× “On the contrary, the evidence clearly establishes that Wife wanted this divorce, participated in obtaining it, and did not seek relief from it until she suffered from an unanticipated event—Husband's alleged refusal to care for her.”
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