When deciding to divorce, a couple must make several decisions about topics they may have never discussed or considered. One of the most crucial topics is how property will be divided. Divorce appraisals are valuable resources to guide fair property division. When seeking a divorce appraisal, it is essential to consult Oklahoma City divorce lawyers, who you can trust to help the process go smoothly and fairly for both parties.

Who Pays for an Appraisal in a Divorce in Oklahoma?

Who pays for an appraisal in a divorce in Oklahoma can vary. When deciding who should pay, it is typical to examine why the appraisal is being conducted and who will benefit from it.

When the appraisal determines who should get the marital home, the person who owns the home or pays the mortgage might be responsible for the cost. The couple might split the price if the appraisal is to sell the house and split the proceeds.

Why Is an Appraisal Necessary?

Determining the actual value of the marital home is one of the most critical tasks in property division. The house is commonly the most significant asset owned by a family. If a couple does not settle this division before a divorce trial, it will be subject to equitable distribution. Knowing what the home is worth is vital to accurately depicting a couple’s assets. This determination of value happens in a divorce appraisal.

Typically ordered by the court or a family attorney, a divorce appraisal is done by a professional with experience in the real estate industry or related industries.

Property Division in an Oklahoma Divorce

Some states designate property obtained after marriage as community property. This term means that property owned by the couple through marriage can be split equally amongst the couple if they divorce.

Oklahoma does not have community property laws when it comes to marriage or divorce. The process the state uses to determine what each spouse receives is called equitable distribution. With equitable distribution, a judge decides who gets which assets or debts based on what they believe to be fair. However, a judge will only make these decisions if a couple cannot agree on property division themselves.

Determining What Is Fair

Although guidelines exist for judges to determine property distribution, the final decision is ultimately up to the judge’s discretion. A judge might take into account:

• Disabilities a spouse may have
• Either spouse’s ability to work
• Who will have primary custody
• The amount of spousal support agreed upon
• Any debts incurred together or separately
• The actions of either spouse that increased or decreased property value

While the judge receives much of this information before or during the trial, their opinions on how to consider any of these elements can vary.

Who Gets the House?

Marital homes are subject to equitable distribution, like most other assets in Oklahoma.

Suppose one spouse owned the house before the marriage. They managed to fund mortgage payments, upkeep, and other investments into the home from their income, keeping the asset as a separate property. In this case, a judge may favor the individual keeping the house. However, situations like this can still be at the judge’s discretion.

In most other cases, the judge will use their discretion to award the house to one spouse and an equal amount of assets totaling the home’s worth to the other spouse. Since this distribution is only sometimes possible due to many couples not owning a home’s value of assets, the judge may determine that the couple should sell the house. After selling, they will split the proceeds according to the judge’s terms.

Mediation for Property Division

Mediation is a common form of alternative dispute resolution in Oklahoma. For property division, a couple can come to an agreement on the division of assets and debts before a judge is required to. Leaving matters such as this to a judge’s discretion may cause more arguments in the future.

A skilled mediator can help people solve issues, including:

• Property division
• Spousal support
• Child support
• Child custody

FAQs

Q: How Is a House Split in a Divorce Oklahoma?

A: A house is split in a divorce in Oklahoma according to equitable distribution. Real estate acquired after marriage in Oklahoma is like any other marital property. A judge tends to award the house to one individual and give assets equal to the home’s worth to the other spouse. However, this can often not occur because many couples lack assets worth that much. Sometimes, a judge may recommend that a couple sell their house and then split the proceeds.

Q: What Is a Wife Entitled to in a Divorce Settlement in Oklahoma?

A: When determining what a wife is entitled to in a divorce settlement in Oklahoma, a judge uses their discretion in line with equitable distribution. Equitable distribution is not related to the gender of a spouse but instead to the circumstances and relevant information that a judge decides to account for. Additionally, if a case goes to trial, equitable distribution decisions may be influenced by the testimonies of witnesses or other factors.

Q: How Much Is an Appraisal in Oklahoma?

A: The cost of an appraisal in Oklahoma depends on the area’s cost of living or the property’s complexity. Appraising an estate with many difficult or unusual features would be more expensive than appraising a single-family home in an area with a relatively low cost of living.

Q: Does It Matter Who Files for Divorce First in Oklahoma?

A: The individual who files for divorce first in Oklahoma is deemed the original petitioner and can have some advantages at trial. Commonly, the original petitioner delivers their case first in the trial. The original petitioner also determines when the automatic temporary injunctive relief goes into effect if that applies to the case.

Oklahoma Divorce Lawyers Can Help

An incorrect appraisal can contribute to an unfair property distribution in divorce. When considering who will pay for an appraisal, it is also crucial to put effort into finding the ideal appraiser for the situation. At Stange Law Firm, PC, we only work with skilled and experienced real estate appraisers to give us the property’s actual value. Contact us for a consultation and information on the divorce appraisal process.