Whether you are going through a high-asset divorce or a regular divorce, the task of property division can be a hassle if you are not prepared. At Evans & Hubbard Attorneys at Law, our Tigard divorce lawyers are well-equipped to help you and your ex-spouse determine what portions of your marital property should be split and which should go to only one of you. Always working with the best interests of our clients in mind, we help you get through a difficult time with as little stress as possible.
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Though the term “property division” may call to mind images of dividing everything 50-50, this is not the approach used in Oregon. Instead, divorce courts apply what is known as equitable distribution to divide marital property based on what is fair, rather than on what is equal. Typically, marital property constitutes any property acquired during the marriage under the legal presumption that both parties, in some way or another, contributed to the acquisition of such property.
That legal presumption can sometimes be challenged, rendering the property division unequal. Likewise, an unequal distribution can occur when one spouse needs spousal support but the other party is unable to pay. Because marital property is not always divided evenly, you will need to enter your case ready to argue why you should have a say and stake in a piece of marital property, rather than just assuming that the court will give you half.
Property that we will want to review during your divorce includes:
If you owned property prior to the marriage or if you inherited property and kept it separate from marital property, the court may consider this to be separate property that is not divided in the divorce; however, the court also has the legal authority to do what the court considers “just and proper.” As a result, the court may either divide up the separate property or take the separate property into account when deciding on the distribution of marital property.
Your spouse may have committed a specific action that spurred on your divorce but it will not influence the divorce court. Oregon, like most states in the country, is only a no-fault divorce state. Even if you have ample evidence of your spouse’s infidelity while you were married, it is not supposed to sway one way or another as to how much property they receive. In rare cases, if a spouse wasted assets, such as having a secret gambling addiction, or used assets during an affair, this evidence of fault may affect the property distribution.
Making your case for property division procedures during your divorce depends heavily on your understanding of your assets, shared or otherwise. Our Tigard family law attorneys are here to remove all the guesswork from your case and manage the intricate aspects for you. We are familiar with how to evaluate property and trace ownership accurately. We also maintain professionalism at all times, representing you with the utmost levels of respect and care, even when the opposition may fail to do so. On the other hand, if your divorce is uncontested and the two of you are willing to work together, we are able to act as mediators that help you determine property division without going to court.
Tell us about your marital property by requesting a case evaluation today.