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Seperate Property inĀ  divorce

2/22/2023

 
People usually enter marriage with some assets of their own. If these assets are kept segregated, they generally remain separate property, which is described as property owned by a spouse before the marriage, which retains its separate status during coverture because it is maintained in an uncommingled state as a spouse's individual property.
 
Conversely, if at any time during the marriage, one spouse's separate property is donated to or commingled with assets of the other spouse or of the marital estate, it may lose its character as separate property. The fact that marital property was purchased, in whole or in part, with funds that might be traceable to one spouse or the other, does not, without more, negate the presumption that the property was a gift to the marital estate. 
 
In summary, parties to a marriage may combine their separate assets or keep them separate. Absent evidence of a contrary intent, the commingling of assets for joint use and enjoyment will generally be seen as a donation to the marital estate.
 
OWENS v. OWENS, 2023 OK 12 at ¶ 35.

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McBride & McBride 
106 N Rowe St.
Pryor, OK 74361
PH: 918-825-3038
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Office Hours:
Monday 9:00 - 5:00
Tuesday 9:00 - 5:00
Wednesday 9:00 - 5:00
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Friday Closed - By Appointment Only
We also close for lunch


​The information on this site is not, nor is it intended to be, legal advice. The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter.
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