How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118635
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years 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.