Legal Question in Family Law in Oklahoma

Property division

The home was purchased in Oct with a 10k grant from the city. We married in Nov of same year. The home is in the name of only one person. Is this home considered marital property and be divided equally?


Asked on 9/12/08, 2:31 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Property division

The fact question to answer is, during the marriage did you both contribute to the home; eg, did both of your incomes pay the mortgage, did you take out any joint loans using the home as collateral, did you both pay for and put efforts into upkeep of the home.

If you did, the home will likely be considered joint property in a divorce, even if it were purchased in one name before the marriage. Any equity in the home existing before the marriage may be considered separate property, but equity jointly built during the marriage will be joint property. Considering you had only one month of separate ownership and much more time of joint ownership, it sounds like the home may be largely considered joint property.

Read more
Answered on 9/13/08, 10:34 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oklahoma