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Can you prove to the court what pieces of your property should remain yours after your divorce is finalized? If you are not confident in your argument, if your reasoning leaves room for doubt, or if you did not enter your marriage with a sound prenuptial agreement, then you could wind up with far less than you expected due to Oklahoma’s equitable distribution law. When you need to consider property division for your divorce case, Mazaheri Law Firm can help you create your case, protect your property, and set yourself up for a comfortable future.

Oklahoma is an Equitable Distribution State

The concept of equitable distribution is not commonly understood. Many people anticipate a divorce to divide their assets 50-50 but this is no longer the case in Oklahoma. The presiding Family Court judge will instead attempt to split your marital property fairly, which does not mean evenly.

Marital property in your divorce case could include:

  • Savings accounts

  • Homes and real property

  • Automobiles

  • Privately-owned business

  • Personal belongings

  • Retirement accounts

  • Jewelry

  • Furniture

During an equitable distribution process, you can expect a back-and-forth balance between items, especially if you are facing a high net worth divorce. For example, if you receive the family home, your ex-spouse may be rewarded the majority of your savings, assuming you both contributed an equal amount to the marriage. If spouses own a business jointly or if spouses have extensive intermingled funds, equitably dividing assets can be complicated. This is where a persuasive argument and helpful divorce attorney can become powerful resources for your case.

If you can clearly show the court that you put more time, effort, and money into maintaining a happy marriage than your spouse did, then equitable distribution could mean that you receive noticeably more marital property.

Holding Onto Separate Property

Oklahoma will try to keep your separate property as yours and yours alone. This means any unshared property you acquired before your marriage was official will likely remain yours, no matter how the division of marital property played out. Unlike some other states, Oklahoma also considers gives and inheritances you solely received, such as birthday or holiday presents, to be separate property regardless as to whether you were married or not.

There is no guarantee that your separate property is immune to redistribution. If there is a circumstance in which your ex-spouse contributed to the value of your separate property, they may have some claim over it during property distribution. An example of one such scenario would be if you owned a home prior to the marriage but you and your spouse renovated together it to increase its value prior to divorcing. Once again, a family lawyer can increase your chances of keeping your separate property.

Tips to Protect Your Property Interests

  • Get organized. Create a comprehensive inventory of all the assets you own and make sure you know where to access your documents.

  • Be objective. Consider whether an item is worth fighting over, or whether you are merely attached to its sentimental value. Always consider whether an asset would be beneficial to you in the long run.

  • Compromise. Know that you may not always get what you want. Be open to compromise so you can save time, stress, and money.

  • Hire an attorney. Your attorney can help you understand how property will be divided under the law and make sure that your interests are protected.

Put Nearly Two Decades of Experience on Your Side

At Mazaheri Law Firm, our Oklahoma City divorce lawyers have been helping families through difficult times for years. When you retain our legal services, you can bet that your case will be treated as the unique situation that it is while benefitting from our collective experience and know-how to handle your asset division case confidently.

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