In a Muskogee Divorce, Who Gets the House?

A Muskogee divorce is a stressful time. Among all the other changes, spouses separating in Oklahoma must also decide who will stay in the marital home, for how long, and how to deal with the financial ramifications of that decision.

For many couples, the house is often the single largest asset they own together. Upon separation and divorce, this asset, like all assets and liabilities belonging to the couple, must be allocated between the spouses.

Who Decides Who Keeps the House?

In almost all cases, it is better if the couple can decide how to handle the division of this and all assets. Whether that decision is made through negotiation between the spouses through their attorneys, through mediation, or otherwise, a couple that can decide on allocation of assets and liabilities will feel more in control.

If the couple entered into a valid prenuptial agreement that covers the division of marital property, including the house, the house will be conferred according to the terms of the prenuptial agreement. If the couple cannot decide, the court will decide for them.

Assets in a Muskogee divorce are treated as either separate property assets or marital assets. Marital assets are assets that were acquired by the efforts of the marital community during the marriage. Separate property assets are everything else.

Most of the time, the house is a marital asset, meaning it was purchased and paid for during the marriage and with community funds. However, if the house is owned by one spouse as separate property, usually the house will be conferred to that spouse.

Oklahoma is a state that divides marital assets equitably rather than evenly. An Oklahoma divorce court will consider such things as the needs of both spouses, their contribution to the community, and the length of the marriage, in determining how to divide assets.

Sometimes this results in a 50/50 split, but often it does not. In addition, the house is often not fully paid off at the time of a Muskogee divorce. This can further complicate the issue.

How Are Logistics Handled?

In a Muskogee divorce, there are three basic ways to handle the logistics around the family house.

It is possible to sell the house and divide the proceeds. This may be the option of choice if the mortgage balance is high, or if neither spouse wants to stay in the house. It may also be the choice if the monthly mortgage payments are too high for one spouse to handle on their own.

It is also possible for one of the spouses to take out a second mortgage and buy out the other’s equity in the house. This often happens when there are children that would like to remain in the family home.

It is also possible for one spouse to grant possession of the house to the other for a specific length of time or until a specified event has occurred; for example, the last child leaves the home or that spouse becomes financially self-sufficient. Then the house can be sold or bought out between the spouses.