How long do I have to be married before I can claim my husband’s assets?

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How long do I have to be married before I can claim my husband’s assets?

Lived together 5 years; married 5 years; for a total of 10 years. Have 2 children during marriage. He had money and makes the money.I’m a stay at home mom which was his decision. If we were to divorce, will I still be entitled to half of the assets we’ve acquired.

Asked on December 12, 2011 under Family Law, Oklahoma

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

The answer is maybe. If you live in a community property state, you really have to go to an attorney to find out how much you will take upon divorce. Part of his assets may be obtained by him before marriage, or inherited, or if there is a prenup. This part is called his separate property that you will get nothing, regardless how long you have been married, upon divorce. You can get half of community property, which you acquired during marriage. In other part of the country, the judge may award some for equity purposes.


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