Navigating Marital Property Rights in Oklahoma Law
In this video, we’re discussing the circumstances under which one spouse can place liens, sell, or otherwise encumber marital property during the marriage without the express consent of the other spouse. I’m Oklahoma City family attorney Dillan Savage with Wirth Law Office, practicing primarily in the Oklahoma City area.
To take such action, there are specific conditions you must meet. The first is if your spouse has abandoned you by leaving the state for over a year and failing to provide financial support for the family during that time. The second condition is if your spouse has been imprisoned for over a year.
Conditions for Encumbering Marital Property
If you meet these criteria, you can file a request with the court. This will include an affidavit that outlines the facts of the abandonment or imprisonment and may also include your testimony. If the court finds the circumstances warrant it, they may allow you to sell or encumber the marital property to provide financial support for the family or to settle any debts incurred before the abandonment or imprisonment.
It’s important to note that even in these cases, you must serve your spouse, whether they’re in prison or have abandoned you, with the required notice. Thus, while the legal avenues are available, it’s crucial to follow the established protocols to ensure compliance with the court’s requirements.
Navigating Legal Protections and Responsibilities
So, under specific situations, such as abandonment without support for at least a year or a spouse’s imprisonment for a year or more, you may be able to request the court’s approval to encumber or sell marital property to ensure your family’s needs are met. Always consider consulting with a qualified attorney to navigate the complexities involved in your case.
If this information was helpful to you, or if you think it might benefit someone else, feel free to visit TheOklahomaCityAttorney.com. I’m OKC divorce attorney Dillan Savage, and I appreciate you taking the time to watch this video.
Get a Low-Cost Consultation Today!
If you’re facing a situation involving marital property and need clarity on your rights and options, don’t hesitate to reach out. Call me at 405-888-5400 for a low-cost consultation, and let’s discuss how I can help you through this challenging time.
