Property Division During Divorce

Oregon Divorce Frequently Asked Questions

No information below should be relied upon as formal legal advice. These answers should not be used in place of a personal consultation with a qualified lawyer.

How do Oregon judges handle property division during a divorce?

Property Division During Divorce: How is it handled? Oregon is an “equitable” property division state. Equitable does not mean an equal division; rather, it means a fair division in terms of value. As a broad concept, Oregon law treats a marriage as a partnership, and all income earned and property acquired during the marriage is marital and should be fairly divided. Marital property is subject to division between the spouses regardless of which spouse holds title. Debts as well as assets will be considered.

There is no fixed way to determine how either you or the court should divide your property. Factors that the court considers include the nature and extent of the property, the duration of the marriage, and the economic circumstances of each spouse. In some cases, gross misconduct by a spouse (such as supporting a mistress) can be considered. The court will approve your division if you and your spouse can reach a reasonable agreement. The court will hold a hearing and divide your assets and debts according to its own opinion of “equity” if you and your spouse cannot reach an agreement.

Contact our Portland, Oregon family law attorneys and divorce lawyers today to schedule an appointment to discuss the facts of your case.