What assets am I entitled to in a divorce if there has been infidelity on my spouse’s part?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What assets am I entitled to in a divorce if there has been infidelity on my spouse’s part?
Can I get part of our bank account which she got as a settlement from job injury or part of a house that she inherited from her mother? I left the home without anything. Can I get anything else from the house before the divorce? Is there a infidelity law to help me at all?
Asked on July 25, 2010 under Family Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for you troubles. In Oklahoma, marital assets and marital debt are divided are divided "equitably" not necessarily equally. This is known as equitable distribution. The division of marital assets is ordered without regard to marital "fault". In your case that would be the adultery issue.
Generally, settlements form personal injury actions and inherited property is separate property and not considered in the distribution of marital assets. However, certain times separate property can become marital property when it is "co mingled." You should speak with an attorney in your area on the specifics of your situation. Each case turns on its own facts. You may be entitled to more than you think. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.