What assets am I entitled to in a divorce if there has been infidelity on my spouse’s part?

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What assets am I entitled to in a divorce if there has been infidelity on my spouse’s part?

Can I get part of our bank account which she got as a settlement from job injury or part of a house that she inherited from her mother? I left the home without anything. Can I get anything else from the house before the divorce? Is there a infidelity law to help me at all?

Asked on July 25, 2010 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for you troubles.  In Oklahoma, marital assets and marital debt are divided are divided "equitably" not necessarily equally.  This is known as equitable distribution.  The division of marital assets is ordered without regard to marital "fault".  In your case that would be the adultery issue. 

Generally, settlements form personal injury actions and inherited property is separate property and not considered in the distribution of marital assets.  However, certain times separate property can become marital property when it is "co mingled."  You should speak with an attorney in your area on the specifics of your situation. Each case turns on its own facts. You may be entitled to more than you think. Good luck.


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