Can You Sell Property After a Divorce Is Filed?
So you sold property after the divorce was filed. That is clearly a violation of the automatic temporary injunction (ATI) that goes into effect once the divorce is initiated. But what do you do now? How do you fix it?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, divorce, and family law, and I’ve been practicing for 25 years.
Understanding the Automatic Temporary Injunction
This happens more often than you might think. Sometimes, the automatic temporary injunction document—outlining the prohibitions—wasn’t served with the paperwork. Other times, attorneys fail to provide it when the divorce is filed. Either way, many people simply don’t realize they’re not allowed to sell property once the ATI is in place.
The ATI specifically prohibits selling marital property—especially selling it and then using the money for yourself—because those funds may partially belong to your spouse. The court has not yet decided how property will be divided, so those assets must remain intact until then.
What Steps to Take if You’ve Violated the ATI
If you’ve already sold property, the first step is to account for everything and notify your spouse (or her attorney). Write down what you sold, what you received for it, how you were paid (cash, check, card), and where the money is now. If the funds are still in an account and untouched, that’s far less serious than if you already spent them.
From there, the court has options. The judge might push the issue to the final trial and simply adjust the division of assets to make your spouse whole. Or, at an early hearing, the judge could order you to immediately divide the money or return her portion.
Seeking Legal Guidance and Resolution
Whether you’ll be held in contempt depends largely on the judge and whether you can show that it wasn’t intentional. For example, maybe you thought she didn’t care about the furniture you sold, or you believed you were just liquidating things because you had already agreed to sell the house. Judges look at whether the violation was willful or if it was done in good faith, even if mistaken.
The best approach is to get out in front of it. Notify her and her attorney right away, work with your lawyer to account for everything, and try to reach an agreement before it even becomes an issue in court.
Need Legal Assistance? Contact Us for a Low-Cost Consultation
If you need assistance with this or any other family law issue, give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900. We’ll be glad to help.
