Detailed Answer
Under Oklahoma law, spouses who own real property together remain co-owners until they divorce or otherwise transfer ownership. Whether you can partition that property after separation but before divorce depends on how title is held:
1. Tenants in Common
If your deed names you and your spouse as tenants in common, either owner can file a partition action without waiting for divorce. Under 16 O.S. § 152 (link), the district court may divide the land “in kind” (assign separate parcels) or, if that is impractical, order a sale and distribute proceeds among co-owners.
2. Tenancy by the Entirety
If the deed conveys title “to husband and wife” without further designation, Oklahoma presumes a tenancy by the entirety. Neither spouse may unilaterally force a partition of an entireties estate. You must first dissolve the tenancy—usually through divorce—before seeking partition. See 60 O.S. § 133 (link).
3. Consider Alternative Options
- Negotiate a written separation agreement allocating property.
- Try mediation to agree on dividing or selling the real estate.
- Execute a deed transferring your interest to your spouse or a third party.
Note: Property acquired during marriage is marital property subject to equitable distribution in divorce under 43 O.S. § 125 (link). A partition suit before divorce may affect your rights in the divorce property division.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For guidance specific to your circumstances, consult a licensed Oklahoma attorney.
Helpful Hints
- Review your deed or title report to identify the form of ownership.
- Obtain a title search from a reputable company to confirm interests.
- Estimate legal and court costs before filing a partition action.
- Keep written records of all communications and agreements with your spouse.
- Consider mediation or negotiation to save time and legal fees.