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Oklahoma

JURISDICTIONAL END OF MARRIAGE DATE: Date is Discretionary. Suggest using Petition for Divorce Date or current date.

STATE TYPE FOR PENSION EVALUATION: Oklahoma is an "equitable distribution" state. Oklahoma is an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just. The court may divide the property in kind, or by setting aside the property to one party and requiring the other party to be paid in such amount as may be fair and just to effect and equitable division.

[Oklahoma Statutes Annotated; Title 43, Section 121].


OKLA. STAT. TIT. 43 § 121

Disposition of property - Restoration of Wife's Maiden Name - Alimony.

When a divorce is granted, the wife shall be restored to her maiden or former name if she so desires. The court shall enter its decree confirming in each spouse the property owned by him or her before marriage and the undisposed-of property acquired after marriage by him or her in his or her own right. Either spouse may be allowed such alimony out of real and personal property of the other as the court shall think reasonable, having due regard to the value of such property at the time of the divorce. Alimony may be allowed from real or personal property, or both, or in the form of money judgment, payable either in gross or in installments, as the court may deem just and equitable. As to such property, whether real or personal, which has been acquired by the parties jointly during their marriage, whether the title thereto be in either or both of said parties, the court shall, subject to a valid antenuptial contract in writing, make such division between the parties as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties, and requiring the other thereof to be paid such sum as may be just and proper to effect a fair and just division thereof. The court may set apart a portion of the separate estate of a spouse to the other spouse for the support of the children of the marriage where custody resides with that spouse.

OKLA. STAT. TIT. 43 § 203

Separate Property.

Except as mentioned in the preceding section neither husband nor wife has any interest in the separate property of the other, but neither can be excluded from the other's dwelling.

OKLA. STAT. TIT. 43 § 204

Contracts.

Either husband or wife may enter into any engagement or transaction with the other, or with any other person, respecting property, which either might, if unmarried, subject, in transactions between themselves, to the general rules which control the actions of persons occupying confidential relations with each other as defined by the title on trusts.

OKLA. STAT. TIT. 43 § 205

Relations cannot be altered by contract - Separation agreements.

A husband and wife cannot, by any contract with each other, alter their legal relations, except as to property, and except that they may agree in writing to an immediate separation, and may make provision for the support of either of them and of their children during such separation.

OKLA. STAT. TIT. 43 § 207

Manner of holding property - Inventory of separate property.

A husband and wife may hold property as joint tenants, tenants in common, or as community property.

A full and complete inventory of the separate personal property of either spouse may be made out and signed by such spouse, acknowledged or proved in the manner provided by law for the acknowledgment or proof of a grant of real property; and recorded in the office of the county clerk of the county in which the parties reside. The filing of the inventory in the county clerk's office is notice and prima facie evidence of the title of the party filing such inventory.

OKLA. STAT. TIT. 43 § 208

Liability for Acts and Debts of Spouse - Curtesy and Dower abolished.

A. Neither husband nor wife, as such, is answerable for the acts of the other.

B. The separate property of the husband is liable for the debts of the husband contracted before or after marriage, but is not liable for the debts of the wife contracted before the marriage.

C. The separate property of the wife is liable for the debts of the wife contracted before or after marriage, but is not liable for the debts of the husband contracted before the marriage.

OKLA. STAT. TIT. 43 § 215

Recordable Agreement as to Rights Acquired by Community Property Laws.

Within one (1) year from the effective date of this act, any husband and wife whose property or income was subject to the terms of the act repealed by the foregoing section, may enter into a recordable agreement, specifying the rights acquired by either or each of them under the terms of said act, altering those rights if they so desire, and describing the property affected, and may record the agreement in the office of the county clerk of their residence and in the office of the county clerk of each county where any of the affected property may be located. Should any husband and wife be unable to reach such an agreement, either may file an action in the district court of the county of the residence of either of them for a determination of the rights as acquired under the repealed act, and a certified copy of the judgment may thereupon be recorded in each county in which any of the affected property is located. The failure to make and record such an agreement, or to file such an action within one (1) year and record the judgment in due course thereafter, and in any event within three (3) years from the effective date of this act, shall bar the husband or wife whose title or interest does not appear of record, or who is not separately in possession of the property, from any claim or interest in the property as against third persons acquiring any interest therein. After three (3) years from the effective date of this act, no action or proceeding of any character shall be brought to establish or recover an interest in property based upon the terms of the act repealed, unless the interest has previously been established of record, as hereinabove provided.

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