Toma v. Toma

Summary

The Oklahoma Supreme Court held that a judgment lien filed against a homestead joint tenant's interest was extinguished when the joint tenant died before the creditor executed on the lien and severed the joint tenancy. The court concluded that Oklahoma's homestead protections and the common-law rule governing joint tenancy were not abrogated by 12 O.S. § 706, reversed the trial court, vacated the Court of Civil Appeals' opinion, and awarded the surviving tenant $213 in appellate costs while denying attorney fees.

Holdings

1. A judgment lien filed under 12 O.S. 2001 § 706(B) is extinguished when the judgment debtor joint tenant dies before the creditor executes on the lien, because the debtor's joint-tenancy interest ceases to exist at death and the homestead protections prevented enforcement during the debtor's lifetime.
2. Perfection of a judgment lien under § 706 is insufficient to sever a joint tenancy; execution, levy, and sale of the judgment debtor's interest are required, and those acts must occur during the debtor joint tenant's lifetime.
3. Claire was not entitled to attorney fees under the cited mechanics-and-materialmen's lien statutes, but she was entitled to $213 in specified appellate costs; trial costs and courier fees were denied.

Questions Presented

1. Whether a judgment lien filed under 12 O.S. 2001 § 706(B) against a judgment debtor's homestead survives the death of the debtor joint tenant when the creditor did not execute, levy, and sell the debtor's interest during the debtor's lifetime.
2. Whether perfection of a § 706 judgment lien, without execution, levy, and sale, is sufficient to sever an Oklahoma joint tenancy.
3. Whether Claire was entitled to attorney fees and appellate costs.

Disposition

reversed