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Oklahoma is a community property state. That means all marital property is owned equally by both parties. However, Oklahoma also allows spouses to hold property as joint tennants, or tennants in common.
Are there benefits to filing for divorce first? Filing for divorce before your spouse allows you more control over the situation from the beginning and could provide some strategic options. Filing for divorce first does not give you any inherent rights over your spouse.
Filing early for divorce means you pay the filing fee. However, being the first to file for divorce in Oklahoma City can offer a strategic advantage. One distinct advantage is that the family court listens to your petition first before the other side gets to present their arguments.
Oklahoma, along with 40 other states, is classed as an Equitable Distribution state. That means that marital property (but not separate property) must be divided equitably, or fairly, either through a joint agreement by both spouses or, failing that, by the court.
It doesnt matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased. So in your most typical example, a house is purchased during the marriage.
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There is no law that says both spouses need to be listed on a mortgage. If your spouse isnt a co-borrower on your mortgage application, then your lender generally wont include their details when qualifying you for a loan. Depending on your spouses situation, this could be a good thing or a bad thing.
Oklahoma, along with 40 other states, is classed as an Equitable Distribution state. That means that marital property (but not separate property) must be divided equitably, or fairly, either through a joint agreement by both spouses or, failing that, by the court.
You might get a better mortgage deal: If both spouses are in good shape financially, then applying for a joint mortgage under both names could get you a lower mortgage rates or a bigger loan amount.
Oklahoma is a no fault divorce state. What this generally means is that either party has the right to end the legal relationship upon demand and without regard to the preference of the other spouse.
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesnt mean you are both liable for half each though if one person doesnt pay their share, the other can still be held responsible for the whole mortgage.

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