please help me

[deana405]

What is the name of your state?What is the name of your state? oklahoma My dad is getting a divorce can the wife get half of the house even though it is in his name and was paid for before they were married? although they lived together 16 years before getting married. and is it legal to sell the house to us before the divorce no one has filed anything yet its just talk so far no attorneys yet. and she has moved out of the house.

 

[JETX]

My dad is getting a divorce can the wife get half of the house even though it is in his name and was paid for before they were married? although they lived together 16 years before getting married.

Yes, it is possible. However, based SOLELY on the information in your post, it is unlikely..... and impossible without a lawsuit.

and is it legal to sell the house to us before the divorce no one has filed anything yet its just talk so far no attorneys yet. and she has moved out of the house.

Unless there is a 'lis pendens' filed on the property or some court order preventing the sale, it would not be prohibited.

 

[deana405]

please help again

you said he could sell his house to us, could he sell it to us for a dollar? and even though they are getting a divorce evetually will this back fire on him? will this prevent her from getting anything pertaining to the house or is he pretty much safe with just having the house pd for before the marraige? thank so much you have been a huge help!!!!

 

[deana405]

Yes, it is possible. However, based SOLELY on the information in your post, it is unlikely..... and impossible without a lawsuit.


Unless there is a 'lis pendens' filed on the property or some court order preventing the sale, it would not be prohibited.

thank you I have another quick question can he sell the house for a dollar to us? will this back fire on him? or is he pretty much safe with just having it paid for before they were married? thank you so much

 

[JETX]

you said he could sell his house to us, could he sell it to us for a dollar?

As noted in my post, "Unless there is a 'lis pendens' filed on the property or some court order preventing the sale", he can sell it to you for whatever he wants. However, if he owes a mortgage on it, he will have to pay that off first.

and even though they are getting a divorce evetually will this back fire on him?

Without a review of the FULL facts, no one can answer with 100% accuracy.

will this prevent her from getting anything pertaining to the house or is he pretty much safe with just having the house pd for before the marraige?

Again, there are lots of other issues that could be involved. For example, a court could decide that the 'ex'-wife should be awarded 'equitable distribution' of any equity increase during the time of their marriage.

OKLAHOMA PROPERTY DISTRIBUTION: Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep:
(1) the property owned by him or her before the marriage; and
(2) any gifts or inheritances acquired during the marriage.
All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to one spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are: (1) the way in which the property in question was held; and (2) the time and manner of the acquisition of the property. Marital fault is not a factor. [Oklahoma Statutes Annotated; Title 43, Section 121]

 

[deana405]

As noted in my post, "Unless there is a 'lis pendens' filed on the property or some court order preventing the sale", he can sell it to you for whatever he wants. However, if he owes a mortgage on it, he will have to pay that off first.


Without a review of the FULL facts, no one can answer with 100% accuracy.


Again, there are lots of other issues that could be involved. For example, a court could decide that the 'ex'-wife should be awarded 'equitable distribution' of any equity increase during the time of their marriage.

OKLAHOMA PROPERTY DISTRIBUTION: Oklahoma is an "equitable distribution" state. Each spouse is entitled to keep:
(1) the property owned by him or her before the marriage; and
(2) any gifts or inheritances acquired during the marriage.
All property held or acquired jointly during the marriage will be divided between the spouses in a just and reasonable manner. A portion of the jointly-held property may be set aside to one spouse for the support of any children who may live with that spouse. The only factors for consideration set out in the statute are: (1) the way in which the property in question was held; and (2) the time and manner of the acquisition of the property. Marital fault is not a factor. [Oklahoma Statutes Annotated; Title 43, Section 121]

Iluv you! thanx so much

 

[deana405]

Iluv you! thanx so much

keep on kickin ass and takin names