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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111686
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I owned a house and paid years on it with my ex. Then

Customer Question

I owned a house and paid for 24 years on it with my ex. Then I remarried for ten years, husband # ***** walked in with nothing, now wants a divorce and half my equity. Is this Oklahoma law? Can I pay him less?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
He is not entitled to 1/2 of your equity in your separate property. Under OK law, it is not a community property state, it is an equitable distribution state. This means he could potentially get some share of the equity in your separate property only if he can prove that during the marriage marital funds were used to increase the value of your separate property. That does not translate into 1/2 all of your equity in your separate property. The house is your separate property, you owned it prior to marriage, and he would have to prove you spent funds earned during your marriage on your house and show how much those funds increased your equity.
You can indeed pay him much less than 1/2 of all equity in your house and he is not entitled to 1/2 under the OK equitable distribution laws. Under equitable distribution, it does not necessarily mean "equal" it means what the court determines is fair under the circumstances.

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