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I owned a house and paid years on it with my ex. Then

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I owned a house and...
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
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6/9/2015
Family Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Family Law
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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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