I paid for this property with my hard earned income. Should I not have to give any of it to my spouse in my Oklahoma divorce? Many people think this way. However, the divorce laws of Oklahoma explain that if the money used to buy the property was earned during the marriage, then it is martial active income. Marital active income includes all job wages earned during the marriage. Nevertheless, there is always a way to argue that it was purchased with separate funds. This is called “tracing”. To do this, the party wanting the property to be separate would have to prove that all money used to purchase the property came from funds that would be considered separate property, such as a checking account acquired prior to the marriage. If the property is purchased by separate funds, the property is also considered separate property. Thus, it is not subject to property division in a divorce proceeding.
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