B. 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.
This generally means that any property acquired by the spouses during marriage is subject to division. The judge will value the property, then determine how such value should be divided between the spouses whether that means to give one TV to one spouse and then a like-priced TV to the other spouse, or give the high-priced one to one spouse and make that spouse pay the excess value to the other.
The Court will then exclude from division all separate property, which is generally property acquired prior to marriage, by gift or by inheritance. Although it is less clear, some property acquired after separation can be considered separate property.
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Separate & Marital Property
In Oklahoma law, Title 43 O.S. Section 121 upon the granting of a divorce the Court:
B. 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.
This generally means that any property acquired by the spouses during marriage is subject to division. The judge will value the property, then determine how such value should be divided between the spouses whether that means to give one TV to one spouse and then a like-priced TV to the other spouse, or give the high-priced one to one spouse and make that spouse pay the excess value to the other.
The Court will then exclude from division all separate property, which is generally property acquired prior to marriage, by gift or by inheritance. Although it is less clear, some property acquired after separation can be considered separate property.