Legal Question in Family Law in Oklahoma
Personal property after marriage
Is Your personal property before marriage personal property after marriage in the state of Oklahoma? Or does it become shared property? I would like to know if I own a home before marriage and it is my personal property. After marriage can my wife sue me for my home?
1 Answer from Attorneys
Re: Personal property after marriage
If you own a home before marriage, it is considered individual property (ie, not joint property) at divorce, unless during the marriage you have done things making it arguable you effectively gifted it to the marriage. For example, if you took out a loan under both names using the house as collateral, then your spouse can use that to argue the value of the home is joint property. Likewise, if the value of the home grew during the marriage, the increased value will be considered joint property.
If there is argument over property in a divorce, I suggest getting an attorney because these disputes can get very tricky in respect of property division, alimony, child support, and taxes. You have certain rights in proceeding through a divorce, and I believe trying to protect them yourself, without a law-trained advisor, is often a situation likely to not work out equitably.