Dividing Property in an Oregon Divorce
When you get divorced, you'll need to divide up all the property that you or your spouse owns.
This page explains how property gets divided in an Oregon divorce case and answers other frequently asked questions.
What is property?
Property includes everything you or your spouse owns, including a home, cars, furniture, bank accounts, retirement accounts, clothing, and other personal items.
Marital vs. separate property
The rules for splitting property depend on whether you acquired it during your marriage or before.
- Marital property: Refers to anything you or your spouse got during your marriage. It doesn't matter who paid for it or whose name is on the title, deed, or account.
- Separate property: Includes anything you or your spouse owned before getting married.
Rules for dividing property
In Oregon, marital property gets divided equitably, which usually means 50/50. Sometimes marital property might be divided another way if that's fairer.
Separate property is usually not divided. Most of the time, you get to keep what was yours before the marriage. Exceptions can be made, however, if that rule results in an unfair situation.
You and your spouse can agree on how to split your property. If you agree, you'll write this down on court forms, and a judge will need to approve your agreement. You can learn more about divorce settlement agreements here.
If you can't agree, a judge will decide for you at your divorce trial. You can learn more about divorce trials here.
Dealing with property disputes during your divorce
Oregon doesn't have rules about who gets to use marital property during a divorce. Many couples try to work out these issues on their own without involving the court.
But if you're fighting about who gets to live in the house or who gets to drive the car during your divorce, you can ask the court for a temporary order. A temporary order is like a mini decision from a judge. It establishes rules for who can use your property while you're going through your divorce.
You can learn more about temporary orders here.
FAQs About Splitting Up Property
If a married couple can't decide how to split up their property, a judge will decide for them based on the laws of Oregon.
In Oregon, a judge will usually divide all the debts and property equally. It doesn't matter who bought the item or whose name is on the title. It doesn't matter if one spouse worked while the other stayed home. By law, everything that you and your spouse get during your marriage is owned by both of you equally, with only a few exceptions.
In Oregon, a judge must divide property equitably. This usually means debts and property are divided 50/50. But sometimes a judge can divide property in a way that isn't 50/50 if they think it's fair overall.
Yes. But it is your responsibility to tell the court about all the property owned by you and your spouse. The part of a judgment that addresses property and debt can't be changed after the case is closed, except in very rare situations. If you forget to include something, and you and your ex-spouse disagree about what to do after the divorce, you should find legal help.
When a judge divides property, they don't consider who bought the item or whose name is on the property's paperwork. (For example, the car title or registration.) Anything a spouse gets during the marriage belongs to both spouses.
Usually yes.
There are a few situations where a judge can divide property you had before you were married. The rules are complicated. You should get legal help if you have property from before your marriage that you would like to keep.
No. In most cases, a judge will divide property equally. It doesn't matter which spouse bought most of the property, or whose name is on the property's paperwork.
It depends on what you did with the gift after you got it. Gifts include inheritances, cash, vehicles, and jewelry.
If you kept the gift separate from your other marital property (for example, you put an inheritance in a separate bank account) and you did not share the gift with your spouse, you may be able to keep it in the divorce.
There are many rules for dividing gifts. If you want to understand what's fair in your situation and what laws apply, talk to a divorce lawyer.
If either you or your spouse have a pension plan or retirement plan that you paid into during the marriage, the plan is considered shared property.
A judge can divide retirement accounts without triggering early withdrawal tax consequences. But there are extra legal steps involved. The process is complicated.
A judge can also avoid dividing retirement accounts by letting a spouse keep their retirement accounts and then giving the other spouse different property that is equal in value. Sort of like a trade.
You should find legal help if you have questions about dividing retirement accounts.
If you or your spouse bought a home or land during your marriage, this property is shared property. If you and your spouse don't agree on what to do with this property, a judge will decide for you.
A judge usually does one of two things:
- Let one spouse keep the home. The spouse who keeps the home will usually have to refinance to pay the other spouse their share of the equity. Equity is the current value of your home minus any money you owe on the home.
- Make the couple sell the home. If neither spouse can refinance or afford to keep the home, a judge will usually order the couple to sell the home and split the proceeds 50/50.
It's always a good idea to talk to a lawyer before putting an agreement in writing. You can find legal help using the Legal Directory on this site.
Most of the time, it's too late. You can't change your mind after your divorce is finished.
There are a few exceptions to this rule, such as if one spouse is hiding valuable property from the other. If there is a problem with your final divorce papers and how they divide property or debt, get legal help.