Understanding Binding Authority in Marital Property Sales
Today, I’m discussing how contracts for the sale of marital property can be binding on both parties, even if only one spouse consented to the sale or encumbrance of that joint property. Hi, I’m Dillan Savage, an Oklahoma City family attorney at Wirth Law Office, primarily practicing in the Oklahoma City area.
As mentioned in a previous video, the sale or encumbrance of marital property can be complex and is only permitted under certain circumstances. These include situations where a spouse has abandoned the other for an extended period, such as leaving the state for a year or more without providing support.
Key Circumstances for Binding Contracts
Additionally, if a spouse has been incarcerated for a year or longer, this can also impact the binding nature of contracts related to marital property. In these cases, if property was sold or encumbered during the spouse’s absence, those contracts or encumbrances remain binding, even once the spouse returns from their abandonment or imprisonment.
The liability does not disappear just because the spouse has returned. Understanding the specifics of your situation is critical, as the legal framework surrounding marital property can be intricate and varies based on individual circumstances.
Legal Framework and Conclusion
This principle is outlined in Title 43, specifically Section 212. If you found this video helpful or think it could assist someone else, feel free to visit theoklahomacityattorney.com. Again, I’m The Oklahoma City attorney Dillan Savage. Thank you for watching!
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If you have questions about the sale of marital property or need legal assistance, consider a low-cost consultation. Call me at 405-888-5400 to discuss your situation and get the support you need.
