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Property Division Attorney in Oklahoma

Helping Divorcing Spouses Obtain Fair Outcomes for Their Legal Issues

If you and your soon-to-be former spouse are going through a divorce, you are probably anxious about who will receive your assets. The division of property is one of the most contentious aspects of any divorce. Often, a custodial parent is concerned about what will happen to the marital home when the divorce is finalized and whether they will have a place to raise their children. In other instances, high-earning couples may argue over asset division and debt acquired during the marriage.

Although Oklahoma is an “equitable distribution” state, that does not always mean equal distribution of assets. Additionally, some individuals try to hide assets to try and avoid having to split them with their spouse. Regardless of your concerns, hiring an experienced experienced family law attorney to act as your legal advocate and ensure your rights and financial resources are protected is in your best interest.

Contact Parsons, Graham & Day, LLC of Tulsa, OK, and ask to schedule a free consultation to discuss your concerns and learn how we can help.

What is Considered Marital Property in Oklahoma?

Oklahoma law stipulates that assets acquired by either spouse during the marriage may be considered marital property. However, Oklahoma also has laws that differentiate between marital and separate property.

Marital Property

Under the law, most marital assets are subject to equitable distribution, with common examples including:

  • Income earned by both spouses during the courses of the marriage.
  • Vehicles purchased by the spouses while married.
  • Any real properties acquired by the couple during the marriage, such as their home or other real estate holdings.
  • High-value assets purchased by either spouse while married, including investments, artwork, jewelry, or collectibles.
  • Property and assets owned by either spouse that increased in value due to the actions of the other spouse while married.

Separate Property

State law recognizes separate property as any assets either spouse owned before marriage. However, there are some exceptions to the law regarding specific assets, which include:

  • An inheritance or gift received while married. However, receiving an inheritance from a deceased parent or other relative is still counted as separate property.
  • Compensation payouts, assets, or debts acquired before the marriage.

When discussing the transmutation of separate property or inheritance rights, it is always best to consult an experienced attorney like Parsons, Graham & Day, LLC, who will gladly answer your questions.

What Factors Does the Court Consider When Dividing Marital Property?

In some cases, divorcing spouses can independently plan how their marital assets should be divided. However, reaching a mutual agreement independently can be challenging when the couple has substantial or non-liquid character assets such as vehicles, real estate, or business equipment.

When spouses cannot agree on terms, the judge overseeing the case will review a variety of factors to try and reach an equitable distribution of assets, which include:

  • The duration of the marriage.
  • Child custody and support obligations for each spouse.
  • Each spouse’s health.
  • The financial value of the separate property owned by each spouse.
  • Any other income that either spouse may receive from retirement benefits, stocks, or investments.
  • Contributions made by both spouses during the marriage.
  • The earning potential and employability of each spouse.
  • Tax consequences for each spouse.

Even though the court will analyze specific factors when determining property division, it is always wise to have a skilled attorney act as your legal advocate to ensure you receive a fair settlement.

How Does a Prenuptial Agreement Protect Assets in the Event of a Divorce?

Many Oklahoma couples who wish to protect their assets sign prenuptial agreements before marriage. A prenuptial agreement outlines several essential financial aspects for the couple, including who owns what property coming into the marriage, how property should be divided in the event of a divorce, and the amount and duration of spousal support.

For example, an individual who wishes to protect a family business should have a qualified attorney draw up a prenuptial agreement that protects their hard-earned investment should the marriage not last.

However, if you have signed a prenuptial agreement, it is still advisable to allow your attorney to review the document to ensure it is valid. Some of the many legal issues that can invalidate a prenuptial agreement include:

  • Incomplete disclosure of financial assets.
  • A spouse was unduly pressured into signing the agreement.
  • A spouse was not given adequate time to allow an independent attorney to review the document to ensure it was in their best interests.

If you have previously signed a prenup, allow our Tulsa, OK, law office to review it to ensure that there are no legal issues that would cause it to be deemed invalid by the court.

Can Your Property Division Attorneys Help Me Reach a Fair Settlement in My Divorce Case?

Parsons, Graham & Day, LLC has extensive experience guiding clients through the complexities of property division in divorce proceedings. We understand how critical it is to obtain fair and equitable settlements, and our legal team utilizes a wide range of investigative tools and resources to ensure that all marital property, assets, and financial resources are accounted for and evaluated properly. In divorce cases, uncovering property acquired during the marriage—even assets that may not be immediately visible—is essential to achieving a resolution that protects your interests.

If you have reason to believe your spouse is engaging in economic misconduct, such as hiding funds, underreporting income, or transferring assets to avoid division, our team will work tirelessly to uncover the truth. Divorce proceedings often become contentious when financial misconduct arises, and having experienced legal advocates ensures your voice is heard. We take these concerns seriously and will fight to ensure your financial rights are protected.

Our legal professionals will analyze your joint finances, properties, and other income sources to ensure they are distributed fairly under state law. For instance, just because an asset like a home, vehicle, or financial account is solely titled in your spouse’s name does not automatically mean they are entitled to retain it exclusively in the divorce. Marital property is defined by law, and our team works diligently to distinguish between marital and separate property. We will help you identify what you’re legally entitled to so you can face your post-divorce future with confidence.

Book a Free Consultation

At Parsons, Graham & Day, LLC, we understand that property division can be one of the most challenging aspects of divorce proceedings. Determining how to fairly divide marital property while protecting any separate property requires careful consideration and a clear strategy. Whether it’s the family home, retirement accounts, or property acquired during the marriage, our team works diligently to help you pursue fair outcomes that reflect your unique circumstances.

We take the time to analyze the details of your case, identify assets, and ensure that your interests remain protected throughout the process. Divorce can be stressful, but having the right legal support can ease the uncertainty and help you move forward with confidence. If you’re preparing for divorce proceedings and have concerns about dividing marital property or protecting your separate assets, Parsons, Graham & Day, LLC is here to guide you every step of the way.

Contact our team by calling 918-553-5771 and ask to schedule a free, no-obligation consultation to discuss your case and learn what legal options are available.