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Author Topic: Am I entitled to half?  (Read 1906 times)
getting better
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Posts: 3


« on: March 20, 2006, 04:15:00 PM »

My husband and are are separated, but not legally.  He is living in another state and has evidently purchased land there in the past 6 weeks.  Am I legally entitled to half this land and the house on it?
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livealittle
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« Reply #1 on: March 20, 2006, 05:52:16 PM »

before Lee answers, I'm going to guess you didn't provide enough information...

1. how long have you two been married?
2. what states are involved?
3. Has either of you filed for divorce?
4. was the land purchased with marital funds?

just guessing here....
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getting better
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Posts: 3


« Reply #2 on: March 20, 2006, 07:53:21 PM »

1. 18.5 years
2. al. and ok.
3. no
4. we have always had separate funds but are signers on each others, so yes.
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Lee Borden
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Posts: 1202



« Reply #3 on: March 21, 2006, 12:18:46 PM »

Thanks LiveaLittle. You knew exactly what I would need. Based on the information you've provided, I'm guessing that your husband used marital funds to purchase this property.

That doesn't mean you're entitled to half of it; what it does mean is that all property owned by either of you, wherever purchased and regardless of whose name is on the title, is part of the marital estate and available for division. So if your husband has invested a lot of marital funds in OK property, perhaps it would be appropriate for you to receive a disproportionate share of other property. Please don't assume the division must be equal. Instead, the judge would have discretion to allocate your marital property in a way he or she believes is fair. The division could be equal, but not necessarily.
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