If my husband and I are not legally separated, what are my rights to his assets?

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If my husband and I are not legally separated, what are my rights to his assets?

My husband and I have been informally separated for 2 months. He moved out of our family home into a rental house that we own. He furnished the house with brand new furniture, new appliances, 2 beds and a new TV. He also bought a new $60,000 car. Am I entitled to half of the furniture and car he bought? We never filed a formal separation agreement and we both can’t decide if we will divorce or not.

Asked on November 26, 2015 under Family Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yours in not a community property state, so it is not the case you automatically own half of anything purchased while married. Anything he purchased with joint assets (e.g. money from a joint bank account) or with your assets (e.g. if he used money earned/provided by you), you have a claim to. Things purchased after you separated which he bought using only his own income or money, you most likely do not. Of course, all of this is moot unless and until you divorce, since only in divorce are rights to and the distribution of assets determined.


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