Q: I married a man in 2001. We only lived together 3 months before separating. We are still legally married.
He lives in Oklahoma. I live in Alabama. He sold mineral rights on land he owned before the marriage. Am i entitled to an equitable payment? I am disabled and need a car.
A:
Hello:
Separate property is property owned prior to the marriage, acquired by gift or inheritance, or property acquired after the separation. Separate property is not subject to an equitable division. However, under some circumstances, separate property can become marital property depending on how it is treated during the marriage.
If you were only together three months and separated the remainder of the marriage, most likely the mineral rights are separate property and not subject to division. Consult an attorney for a detailed case review to be sure.
Pete D. Louden
1 user found this answer helpful
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