Oregon Divorce Guide

Dividing Marital Property

Parties have the option of reaching a Dividing marital propertydivorce settlement of marital assets and debts, and if they are unable or unwilling to agree, the court will divide the property based on this state’s use of equitable distribution. As such, courts will divide assets brought into (or lawfully segregated) the marriage and apportioon them to their owner, and then divide the marital assets (and debt) equitably although not necessarily equally.

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The court considers the contribution of a spouse as a homemaker as a contribution to the acquisition of marital assets. There is a presumption that both spouses have contributed equally to the acquisition of property during the marriage, whether such property is jointly or separately held. Looking for a rapid divorce process? Do you both want out quickly? It’s called a summary dissolution. A marriage may be dissolved by the summary dissolution procedure when all of the following conditions exist at the time the petition was filed:

  • There are no minor children born to the parties or adopted by the parties during the marriage. There are no children over age 18 attending school either born to the parties or adopted by the parties during the marriage. There are no minor children born to or adopted by the parties prior to the marriage
  • The marriage is not more than 10 years in duration
  • Neither party has any interest in real property wherever situated
  • There are no unpaid obligations in excess of $15,000 incurred by either or both of the parties from the date of the marriage
  • The total aggregate fair market value of personal property assets in which either of the parties has any interest, excluding all encumbrances, is less than $30,000
  • The petitioner waives any right to spousal supportDividing marital property
  • The petitioner waives any rights to pen dente lite orders
  • The petitioner knows of no other pending domestic relations suits involving the marriage in this or any other state
Reopening your case after the divorce is finalized

The court that entered the final judgment mat re-open the case if one of the parties petitions that significant assets existed at the time of the order (belonging to either or both parties) and were not discovered until after the final order.

If the court finds that the assets were inadvertently omitted from the distribution of the marital estate, the court shall make such distribution of the omitted assets as is just and proper in all the circumstances.

If the court finds that the assets were intentionally concealed and thereby not included in the distribution of the marital estate, the court may order:

  • The division of the appreciated value of the omitted assets
  • The forfeiture of the omitted assets to the injured party
  • A compensatory judgment in favor of the injured party
  • A judgment in favor of the injured party as punitive damages, or
  • Any other distribution as may be just and proper in all the circumstances
If there is a chance your Ex will try to manipulate you or the kids with the visitation schedule, put an on-line Parenting Plan in place. Nothing stops the game-playing like a schedule in black and white. Simply tell your Ex that in order for the schedule to be changed, it must be discussed and agreed to; otherwise it is not changing.

[Oregon Statutes – Volume 2 – Sections: 107.036, 107.105]

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