In Oklahoma, selling a house during a divorce is possible, but it requires cooperation between spouses and adherence to specific legal steps to ensure fairness. Whether you’re looking to sell the house to divide the proceeds or as part of a broader settlement, understanding the process and potential challenges is essential.
Property Division in Oklahoma Divorce
Oklahoma follows an equitable distribution model, meaning that courts divide marital property fairly, though not necessarily equally. A home is usually part of this property, and its division is often a significant aspect of the divorce process. Selling the home and dividing the proceeds is one way to handle this asset, but you must follow court procedures to avoid conflicts.
When You Can Sell the House During Divorce
In Oklahoma, you can sell the marital home during a divorce if both spouses agree or the court grants permission. If both spouses agree, they can work together to find a buyer and split the proceeds according to their agreement. Reaching an agreement can speed up the process, allowing the court to approve the sale more easily.
If one spouse opposes the sale, the other may petition the court to order it. The court will consider whether selling the home aligns with the interests of both parties and any minor children involved. If the judge approves, the sale can proceed under court supervision.
Steps for Selling the Home During Divorce
Selling a home during a divorce requires careful coordination and legal compliance. Start by reaching an agreement with your spouse on selling the home. If agreement isn’t possible, petition the court for permission to sell.
A neutral real estate agent can help facilitate the sale fairly. Both spouses should agree on the agent, who will provide a valuation and help set a reasonable sale price. Address any outstanding mortgages, liens, or other financial obligations tied to the home. Clearing these debts will simplify the sale and distribution of proceeds.
Once the sale is complete, the proceeds will be divided according to the divorce settlement or court order. Oklahoma law will determine the split, with consideration for each spouse’s financial contributions to the home and personal circumstances.
Alternatives to Selling the Home
If selling the home isn’t feasible or desirable, there are alternative ways to divide the property. One spouse can buy out the other’s share of the home, allowing them to retain ownership while compensating the other spouse for their share.
In some cases, the court may allow one spouse (often the custodial parent) to remain in the home with the children until they reach a certain age, at which point the home is sold, and proceeds are divided. Some divorcing couples choose to retain joint ownership temporarily. This can allow both parties to retain an investment in the home until the market improves or other factors change.
Tulsa Divorce Attorneys
Selling a house during a divorce in Oklahoma is possible, but requires cooperation or court approval, an understanding of equitable distribution, and careful planning. Whether through mutual agreement or a court order, selling the home can provide a fair way to divide assets and help both spouses move forward financially. Consulting a family law attorney can provide guidance on navigating this process and help ensure that your interests are protected during the sale and division of proceeds.
Our team here at Tulsa County Lawyers Group will guide you through the process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
