During the divorce, Who gets to live in the marital home can be one of the biggest questions when facing a divorce. In Oklahoma, a divorce or legal separation can be challenging to experience, especially when it comes to the household. Understanding your rights in your home is important. Here’s more on the property laws in Oklahoma and how it affects who resides in the home upon divorce.
About Equitable Distribution of Marital Home
First of all, it’s important to recognize that Oklahoma uses the law of equitable distribution when it comes to dividing marital property. This means the court aims to divide property in a way that is fair, though not necessarily equal. The marital home, often a significant asset in a marriage, is no exception to this rule.
During the divorce process, who gets to stay in the marital home can depend on various factors. It’s not always the person who has the means to pay for the house that gets the home, especially if alimony is an element in the case. In some cases, both parties agree on who should stay in the home. However, if there’s disagreement, the court may need to intervene.
Temporary Orders While The Divorce Moves Forward
Under Oklahoma law, a judge can issue a temporary order regarding the use of the marital home while the divorce is pending. This order can assign temporary possession of the home to one spouse. The decision is usually based on several considerations, including the best interests of any children involved, the financial situation of each spouse, and the circumstances leading to the separation.
If you have children, their welfare is a primary concern. The court often prefers to disrupt the children’s lives as little as possible, which might mean granting temporary possession of the marital home to the parent who will have primary custody.
Financial Matters During The Divorce
Financial considerations also play a role. If one spouse is significantly more capable of finding or affording alternative accommodation, the court may grant possession of the marital home to the less financially stable spouse during the divorce process. This is particularly relevant if one spouse has been a stay-at-home parent or has limited income. In these circumstances, the judge can grant alimony alongside the marital home if requested, to make sure the mortgage payments are timely.
It’s also worth noting that the bad actions of a spouse leading up to the divorce might influence the court’s decision. For instance, if one spouse is at fault for the breakdown of the marriage due to reasons like adultery or abuse, this could impact the decision regarding temporary possession of the marital home. A court is unlikely to displace a person who has experienced domestic violence while inside the marriage.
Another important aspect to consider is a protective order. If there are allegations of domestic violence, a protective order can require the offending spouse to leave the marital home, regardless of whose name is on the title or lease.
Finally, it’s important to understand that any temporary arrangements regarding the marital home are just that – temporary. The final decision on who gets the marital home, whether it will be sold, or if one party will buy out the other’s interest, is typically made as part of the final divorce decree.
Divorce Lawyers You Can Count On
Determining who gets to live in the marital home during a divorce in Oklahoma involves a careful consideration of various factors. This can include the best interests of children, financial stability, and the circumstances leading to the divorce. It’s important to seek help from a divorce lawyer, as every divorce case is unique. Remember, the decisions made during the divorce process can have lasting impacts, so it’s important to approach them with a clear understanding of your rights. Tulsa Divorce Attorneys assists clients in Oklahoma with divorce, including with decisions relating to the home. For advice about your rights during divorce, contact Tulsa Divorce Attorneys at (539) 302-0303 or online.