Legal Question in Family Law in Oklahoma

husband quit claimed property to married daughter after we were married

six months after we were married, my husband quit claimed a block of commercial property to his married daughter without my knowledge or signature, i did not find this out until recently. now my husband says he does not have any thing to provide for me if something happens to him,he has given everything he has to his grown kids, he has been very generous to them, Am i entitled to anything since i did not sign anything, We have been married for 10 years


Asked on 3/12/03, 8:40 pm

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: husband quit claimed property to married daughter after we were married

Assuming that the property was his separate property at the time you married him, he could do as he pleased with the property since it was not homesteaded but commercial. Since you did not have any interest in his separate property and he did not convey to you an interest in the commercial property, your signature or permission were not required. As his spouse you do have an interest in the home where you reside with him even if it was his separate property before your marriage. If you are on the Deed as a joint tenant with right of survivorship, the home will be yours at his death. That interest is at least a Life Estate which would entitle you to live there and use all of the homes furniture, appliances, etc until your death. I am also assuming that you and he did not sign a prenuptial agreement in which he omitted to identify his interest in the property. If he dies without a Last Will you will inherit part of his estate and of course I have no idea what that would consist of. If he leaves a Last Will that omits you, you have a right to elect to take against the Will the same as if there had been no Will.

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Answered on 3/13/03, 10:58 am


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